To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. Free for Personal Injury & Criminal Defense Only. In most cases, you can resolve them by simply paying the associated fine online. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. These shops should be able to provide you with a calibration sheet that can be used in Court. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. Under Virginia law, if the driver of that other vehicle decides to sue you for money as a result of the accident and you entered a guilty or no contest plea to the Reckless Driving charge, the other drivers civil attorney may try to use that plea against you as an admission of guilt. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. I am a Virginia traffic attorney. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. Reckless driving means driving a car while willingly disregarding the safety of property and people. But of course we cant know for sure until we talk with the officer and any other witnesses. The judge then listens to the evidence. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. three and six demerit points to your license. This is important because some judges have policies that concern what, if any, mercy they will grant an otherwise guilty traffic defendant based on how they plead. We respond to all communications within one business day. An officer may arrest you for reckless driving if he or she observes you: No. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. . What are the chances of reducing the ticket? What Else Can We Do to Get Your Reckless Driving Ticket Reduced? Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Neck injury? Reckless Driving? You are beside yourself! Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Now its the courts turn. How Long Does a Reckless Driving Stay on Record in Virginia? However, people charged with reckless driving where alcohol or drugs are involved may plead to a wet reckless driving charge to reduce a DUI convictions devastating impact. Reckless Driving is not a traffic infraction, it is a misdemeanor. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. However, the most common reason for a reckless driving charge is speed. Also, under most circumstances, speeding carries a maximum penalty of $250. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. And in many Northern Virginia jurisdictions (like Fairfax County), the . Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Instead, you are asked to sign the summons, which is a promise to appear in court. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. If your speedometer was off in your favor this could be used to mount your defense. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Second, discuss with your attorney whether you should take a driver education or driver improvement course. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. 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. In this circumstance, the nature of your charge is the same, but the procedure in the United States District Court for the Eastern District of Virginia is slightly different. Speaking to an attorney allows you to explore your specific circumstances surrounding your charge including but not limited to possible defenses, weaknesses in your case, reduced punishments, and even a reduced charge given your criminal and driving history. When you plead guilty, you are agreeing to a criminal recordfor life. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Home; About. There are two ways to commit reckless driving: you can either. Call Free Consultation (703) 350-4877. Therefore, even if you do not get jail or a large fine, you will still end up with a criminal record, which can affect many areas of your life including immigration status, security clearance, and background checks for employment. If you didn't hire an attorney for your first reckless driving trial, retaining legal representation for your appeal may result in a more favorable outcome for your case. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. . The outcome of any trial is not certain. We go above and beyond in order to provide our clients with the best possible representation. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. 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. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? 3437 W. Cary St. Richmond, VA 23221 Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. For a first reckless driving conviction, the Driver License Division (DLD) can suspend the driver's license for up to three months upon the recommendation of the judge. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Cody Adam Preugschat, 34, pleaded guilty Thursday in Douglas County Superior Court to reckless driving and making a false or misleading statement to a police officer. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. However, the easiest is to simply avoid driving over 80 miles per hour. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Reckless driving remains on your Virginia driving record for 11 years. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. Its the most-reviewed Virginia reckless driving resource on Amazon.com. Seek competent legal counsel for advice on any legal matter. Yes. To drive recklessly in Virginia is to have a disregard for the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property. Powers v. Commonwealth, 211 Va. 386, 388 (1970). Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. 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. Reckless Driving in Virginia when someone drives his/her vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person. VA Code 46.2-862. You are not pleading guilty to reckless driving by signing the summons. Holcomb Law, P.C. In order to protect yourself from a reckless driving conviction, there are several key things you need to know: Remember, a reckless driving conviction is misdemeanor that will stay on your record forever. 888-DUI-LWYR | 703-361-6100. Phone:(804) 355-8037 You can protect your future by talking with an experienced Virginia criminal defense lawyer before pleading guilty or accepting a plea offered by the prosecutor. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. It is important to beat your reckless driving Virginia charge as it appears in all background checks and proves to be a hurdle to your future progress. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. Andrew wrote the book on reckless driving. However, the costs can change based on the details of your case. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. Hello, Im Andrew Flusche. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. You are not pleading guilty by signing the summons. Were you or a family member charged with reckless driving in Virginia? We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. Home; Practice Areas . This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Reckless driving is a Class 1 misdemeanor in Virginia. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. The higher your speed, the more likely jail time becomes. This is why its super important, if you have any kind of traffic case, whether its reckless driving or speeding or DUI or driving on a suspended license, to talk with a traffic attorney. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. You will be given a court date, and it is extremely important that you appear when you are supposed to. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. If you are pulled over for speeding in excess of 20 mph above the posted limit, or in excess of 80 mph regardless of the posted limit, you may be charged with a class 1 misdemeanor. Fax: (804) 355-8875 Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. "Excellent teamwork, professional staff, and caring environment." When you plead guilty, you are agreeing to a criminal recordfor life. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. Maximum penalty: The way you would be guilty of a felony traffic offense in Virginia is if you are convicted of multiple DUI's in a short period of time. Virginia Beach, VA 23452* I work with all clients to understand their desired result. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. Additionally, you may never even need to enter a courtroom. What is Constructive Desertion in Virginia. 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. There are several ways to avoid reckless driving charges in Virginia.
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