However, the easiest is to simply avoid driving over 80 miles per hour. However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. We are Virginia traffic attorneys who have represented hundreds of client in Northern Virginia for cases involving reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. Pleading a wet and reckless driving charge may only be available for first-time offenders. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. But that's only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. But then to add insult to injury that police officer who has been very nice throughout the crash investigation informs you that the driver of the other vehicle needs to be taken to the hospital for a possible neck injury, and that he has to charge you with Reckless Driving. Your appearance is necessary in court on the date listed on your ticket unless other arrangements are made between you and your Virginia reckless driving attorney. Mar 2, 2023 Education. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. The Virginia Appeals Process. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. He can arrest you and take you to the police station for booking as a result. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. In many cases, I can handle your case through discussions over the phone and email. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Schedule your consultation today and lets talk about what we can do for you! Your appeal will be heard de novo in circuit court. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. When you make a mistake and you cut your arm, please call a doctor. Although consequences of a wet reckless driving charge may mirror the consequences of a DUI or DWI conviction, multiple benefits exist to seeking a plea of wet reckless driving. Phone: (757) 317-1000, Newport News The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. When you are asked by a college, a recruiter, or an employer for example, if you have a criminal record, you must truthfully answer yes. You go on to testify that the light had just turned green and you thought that the vehicle in front of you was beginning to accelerate and so you didnt brake. You could also ask your attorney if youve already hired one. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. After you inform the General District Court clerk that you want to appeal, he will have you complete and sign a Notice of Appeal form. We would want to make them have to do their job and prove it, and maybe they cant prove it. Visit our site today for more information. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. This is unbelievable, you think to yourself. Often, a conviction also affects government security clearances and contract eligibility for military or law enforcement personnel, and must be disclosed when applying for U.S. citizenship. . Speeding is a traffic infraction, and it doesn't carry jail time. Is Now the Time to Request Your Virginia Driving Record? An officer may arrest you for reckless driving if he or she observes you: No. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. That is why it is so important that you work with a knowledgeable reckless driving attorney. Top Questions to Ask a Virginia Reckless Driving Attorney. Reckless Driving is a pretty serious charge. Phone:(804) 355-8037 ", "I would not hesitate to retain Mr. Wilson again as my attorney." "I would highly recommend him.", Virginia Reckless Driving and Serious Traffic Offenses, Types of Evidence Used in Reckless Driving Cases, Reducing a Reckless Driving Charge to Improper Driving, Plea Bargaining in a Reckless Driving Case. If you get stopped and you get charged with a crime, call a lawyer! 305 Harrison Street SE Third Floor Leesburg, Virginia 20175, 113 S. Kent Street Suite 201 Winchester, Virginia 22601, 9300 Grant Avenue Suite 101 Manassas, Virginia 20110-5069, 201 International Circle Suite 230 Hunt Valley, Maryland 21030, 10505 Judicial Drive Suite 206 Fairfax, Virginia 22030, 136 Professional Circle Williamsburg, Virginia 23185. A person can be charged with reckless driving if he is driving 20 miles per hour over . Brunswick County Va Reckless Driving Lawyers, Bowling Green Va Reckless Driving Lawyers, Caroline County va Reckless Driving Lawyers, Chesterfield County Reckless Driving Lawyers, Colonial Heights Va Reckless Driving Lawyers, Dinwiddie County Va Reckless Driving Lawyers, Greensville County Va Reckless Driving Lawyers, Henrico County va Reckless Driving Lawyers, Lawrenceville VA Reckless Driving Lawyers, King George County Va Reckless Driving Lawyers, Mecklenburg County Va Reckless Driving Lawyers, New Kent County Va Reckless Driving Attorneys, Prince George County Reckless Driving Lawyers, Spotsylvania County Va Reckless Driving Lawyers, Stafford County Va Reckless Driving Lawyers, Sussex County Va Reckless Driving Lawyers. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. Virginia Traffic Court: Should I plead No Contest or Guilty? Motorists who cause severe injuries to another person while . Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. This means, being found guilty of reckless driving results in some pretty severe consequences: A fine of up to $2500 6 demerit points on your driver's license Suspended driver's license for up to 6 months Up to 12 months in jail Hello, Im Andrew Flusche. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. There are several ways to avoid reckless driving charges in Virginia. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. A Quick Guide to Virginias Hit and Run Laws. This is one very good reason to speak with an attorney early in your case, as they know how to maneuver your case towards this outcome. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. But generally, reckless driving is a misdemeanor. Conviction of felony reckless driving causing death results in a license suspension of 1 to 3 years as well as a prison sentence of up to 20 years. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. life, limb, or property?. These points will normally remain on your license for two years. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. Honestly with a lot of cases, with traffic cases like reckless driving and speeding and things like that, a lot of times the officer will have all their evidence in order and the case is more of a question of negotiation, trying to get a better result from the prosecutor or the judge. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. Our special report about driving on suspended explains six critical issues to possibly fight in your case. three and six demerit points to your license. The 10 day timeline includes weekends and holidays. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Though subsequent sections of the Code of Virginia outline actions that specifically constitute reckless driving, the determination as to whether to cite you for driving recklessly ultimately lies with the police officer who stops you. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. It typically has the same effect as a guilty plea. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. (1) A person is guilty of reckless driving who operates a vehicle: (a) in willful or wanton disregard for the safety of persons or property; or (b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous . Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case.
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