Possibly. Andrew wrote the book on DWI. The Court listens patiently as you make your best pitch, but then informs you that it is the courts policy to not dismiss or reduce Reckless Driving charges (or Following Too Close charges) where an accident is involved and the defendant pleads not guilty. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. That is why it is so important that you work with a knowledgeable reckless driving attorney. However, Virginia will report the offense and any imposed suspension or points to your home state. One is to get your speedometer calibrated at a Virginia auto shop. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. 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. 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. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? Northern Virginia Criminal Defense Attorney, Northern Virginia Criminal Defense Attorneys, Virginia Reckless Driving Defense Attorney, Virginia Reckless Driving Defense Attorneys, Former Virginia County Republican Committee Chairman Charged With Child Pornography, Virginia Man Allegedly Abducts Teenage Victim. It happens to the best of us. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. Its the most-reviewed Virginia reckless driving resource on Amazon.com. I wouldnt be in school right now if it wasnt for Jacob and his team. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. Yes. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. This lets you avoid criminal charges altogether in exchange for a much lower punishment, such as a small fine, community service, and/or mandatory driving classes. Notwithstanding your utter disagreement with the judges ruling, you explain to his or her honor that you have a perfect driving record and this is the first accident youve ever been involved in and youd like the court to consider reducing this to something less serious than reckless driving. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. However, the law was repealed a year later, and this is no longer a potential consequence. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 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. You could also ask your attorney if youve already hired one. If you are found guilty or plead guilty, you will have a criminal conviction on your record. Initiating the process is quite simple. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Its a no-brainer. No. 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. Your Virginia reckless driving defense attorney can help you accomplish this. A lawyer can question any witnesses and make arguments on your behalf. Jacob is the Managing Partner of Tingen Law. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Phone:(804) 355-8037 Avoiding jail time. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. You always look for a way to help your clients. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. Around Northern Virginia this is a common offense on the I-495 beltway, where the speed limit can drop to 55 mph, even though the normal rate of traffic is at least 75 mph. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Do you know how hard it is to find a lawyer that you can trust? I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Saying NO to Breath Test COULD Incriminate You, YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LmtzWkluSGtoSjlr, Fighting No Insurance Tickets in Virginia, Talk to a Virginia Traffic Attorney BEFORE Going to Court. 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. life, limb, or property?. For example, if a reckless driving conviction puts you over eight points in one year, or twelve points within two years, you will lose your license. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. 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. Reckless driving; general rule. Initiating the process is quite simple. A plea of no contest, on the other hand, contains no admission. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Irrespective of the maximum speeds permitted by law, any person who drives a 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 shall be guilty of reckless driving. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Typically most wet reckless driving charges result in the following: For this reason, many people charged with DUI often seek out the possibility of reducing their charge to a wet reckless. Fill out the form below and well be in touch within 1 business day! License suspension is mandatory for a . The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. Top Questions to Ask a Virginia Reckless Driving Attorney. Making a good impression on the judge is especially helpful in this regard. What Happens to My Health Insurance Benefits During Divorce in Virginia? Reckless Driving by Vehicle not Under Control, Driving a vehicle with improperly adjusted or faulty brakes, Driving an overloaded vehicle that obstructs view or controls, Driving next to another vehicle on a one lane roadway, Driving too fast for highway and traffic conditions (regardless of the posted speed limit), Speeding over 20 mph in excess of the speed limit, or driving faster than 80 mph regardless of the posted speed limit, Endangering a person or property on driveways or parking lots open to the public, Up to 6 months suspension of driving privileges, Acting under the instruction of a traffic enforcement officer or directing officer, Roadway markings clearly indicate permission to pass, Highways had the appropriate number of lanes to permit the act, Your vehicles speedometer was not calibrated properly, or the radar/Lidar device was not calibrated properly, You passed only a motorcycle, moped, or bicycle, Racing was on private property or with permission from the landowner, A clean driving record and character references, School bus was stopped for a reason other than loading or unloading, You were unaware of your vehicles defects and had them repaired soon thereafter, Failing to follow traffic signals or signs. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. What I do as an attorney if you hire me, is we look at all the elements of your case that the Commonwealth is going to have to prove against you and we see if they can prove them. However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. Contact the office today for a consultation with our Criminal Defense Attorneys regarding your reckless driving charge to learn how we can help you in courts across Northern Virginia. 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). Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. These shops should be able to provide you with a calibration sheet that can be used in Court. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Well outline the basics of each of these penalties below. This is especially true for repeat offenders. This can help show the judge that youre taking steps to fix the problem. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Additional penalties for failing to appear may also apply. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. Virginia courts penalize reckless driving as aClass 1 misdemeanor. This video explains a little about the different plea options and how we decide together what you should plead. We recommend them without reservation to anyone looking for business law services. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. You were driving unsafely, or at an unsafe speed. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. However, there are certain guidelines you need to follow. This field is for validation purposes and should be left unchanged. In Virginia, reckless driving is a criminal charge that can remain on your record and possibly interfere with your ability to get a job in the future. Newport News, VA 23693 However, you will have a much better chance of winning on appeal if you have an attorney representing you, and they can handle the paperwork. What is Constructive Desertion in Virginia. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Because if they cant prove an element, or if there is a question of whether or not they can maybe one is a little sketchy on their end- then we would definitely want to plead not guilty. Copyright The Reckless Driving Lawyers 2023. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. However, most first-time offenders can avoid jail by instead performing community service. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. By the time you realized they had not gone forward upon the light turning green it was too late and you made minor impact with the other vehicle. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. That could involve pleading to a "wet reckless.". Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. Your home states laws will determine whether any offense will apply to your driving record there. Instead, the maximum penalty for speeding is usually only a $250 fine. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News All parties who plead guilty to a wet and reckless driving charge work with the prosecuting attorney to determine the terms of your guilty plea.