Seek competent legal counsel for advice on any legal matter. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. FAIRFAX, Va. -- Washington Nationals outfielder Jayson Werth has pleaded guilty to reckless driving and has been sentenced to five days in jail for driving 105 mph on the Capital Beltway. Jacob is the Managing Partner of Tingen Law. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. 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 driver's civil attorney may try to use that plea against you as an admission of guilt. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). As the saying goes, anything you say can and will be used against you in a court of law. Basically, you want to show the court that youve made efforts to correct your behavior, and that there is a low risk of a repeat offense. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. However, there are certain guidelines you need to follow. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? In general, first-time offenders can expect a fine, points on their license, and possibly jail time. The trial itself will be conducted in the same general fashion as your first trial. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. Your Virginia reckless driving defense attorney can help you accomplish this. Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. Signing the summons is a good strategy to avoid these negative consequences. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. In Virginia, reckless driving is a class 1 criminal misdemeanor. There are several steps we typically (though not always) advise Clients to do when facing 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. In Virginia, this is more typically called a no contest plea. A DUI charge stays on your criminal and DMV record. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. 468 Investors Pl, Suite 202A In Virginia, you have the automatic right to appeal any finding by the general district court. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. 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. But generally, reckless driving is a misdemeanor. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. 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. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. In situations where there is difficulty proving blood alcohol levels with certainty, many may seek to reduce their DUI charge to a wet reckless driving charge. They can raise your defenseswhich you can have even if you are guilty of the chargesso that you achieve the best possible outcome given your situation. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Schedule your consultation today and lets talk about what we can do for you! Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. In order to make a reckless driving charge stick, the state has to prove the following things beyond reasonable doubt: If the judge has a reason to doubt either of those facts, you can move to get your case dismissed. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. And in most states, this is not admissible in civil proceedings. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. It means that you are not admitting guilt, but you are also not disputing the facts of the charge and therefore, you accept the court's decision even though you're not admitting guilt. your lawyer may argue for one of two options. Initiating the process is quite simple. This is because most states subscribe to the Interstate Drivers License Compact. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). This is particularly true if it is a particularly egregious speed or if it is a repeat offense. 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. This means that, in the eyes of the court, reckless driving is as serious of an offense as assault, impersonating a police officer, and certain forms of arson. Its a no-brainer. Reckless driving remains on your Virginia driving record for 11 years. He hears from the driver of the other vehicle. Reckless Driving in Virginia. It happens to the best of us. What Is The Virginia Difference Between Misdemeanor & Felony DUI? In Virginia, reckless driving is defined as any of the following: Driving over 20 mph over the speed limit, or faster than 80 mph total. 3437 W. Cary St. Richmond, VA 23221 Andrew wrote the book on DWI. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Initiating the process is quite simple. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Reckless driving is defined by the Code of Virginia, and though it deals with traffic infractions, it is a criminal offense rather than a moving violation. life, limb, or property?. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. Email:info@weilandfirm.com There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. 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's vital that you make the scheduled court appearance, since failing to appear is a misdemeanor that could result in additional jail time on top of your reckless driving conviction. In many cases, I can handle your case through discussions over the phone and email. We provide transparent flat fees and flexible payment plans in most cases. Making a good impression on the judge is especially helpful in this regard. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Some judges, for example, will not dismiss or reduce a reckless driving charge to a lesser offense against a defendant who pleads not guilty and then asks the court for leniency after the judge finds that the facts established at trial support a conviction. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. 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. Hes sorry, he tells you, but he has no choice but to find you guilty. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. 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. 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., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Showing the court evidence of this may also help your case. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. All rights reserved. The judge explains that he listened to you and all other witnesses intently. Jacob has been our lawyer for 3 years now and he is excellent. However, you can appeal the outcome of your case and receive a new trial with a different judge. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. three and six demerit points to your license. However, a reckless driving ticket isnt the end of the world. However, the law was repealed a year later, and this is no longer a potential consequence. The statute sets up speeds at which the police officer or trooper can give you a Reckless Driving charge, regardless of how you are driving. Were you or a family member charged with reckless driving in Virginia? You should know that dry reckless is different from wet reckless. I will carefully review the facts of your case in determining how best to reach your goal. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. 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. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. So, what to do? Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. 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. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Rock and read Annual event encourages reading +4; Mar 2, 2023 You can also ask for a jury trial, but you may have to pay the costs for it. 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. Home; About. In a case where just the judge is involved, in a lot of those cases where the evidence is in order, I would probably advise my client to plead no contest. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. If you get stopped and you get charged with a crime, call a lawyer! Neck injury? Reckless Driving? You are beside yourself! But if you dispute the facts of your alleged offense, it may make sense to fight the charge. 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.