Reckless driving remains on your Virginia driving record for 11 years. However, the costs can change based on the details of your case. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. 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. Copyright The Reckless Driving Lawyers 2023. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. A DUI charge stays on your criminal and DMV record. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. These shops should be able to provide you with a calibration sheet that can be used in Court. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. The higher your speed, the more likely jail time becomes. Then the court hears from the officer. What Is The Virginia Difference Between Misdemeanor & Felony DUI? We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. Reckless driving carries many of the same consequences of any misdemeanor criminal offense, including the possibility of jail time and a criminal record that is both permanent and publicly available. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. How is this possible? In Virginia, this is more typically called a no contest plea. 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. This is especially true for repeat offenders. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. Reckless driving is a crime. What gives me the shivers and a cold sweat is seeing a pro se defendant (no lawyer) walk up to the front of the room and plead guilty to Reckless Driving, a Class 1 Misdemeanor, without a fight. 2023 Charles V. Hardenbergh, PC, All Rights Reserved, Reproduced with Permission, DUI/DWI Arrest Survival Guide The Guilt Myth, The Secret Truth about how to win a Virginia Expungement Case, Virginia Reckless Driving Sentence Estimator, 5 Mistakes to Avoid When Preparing for Court, Why You Shouldnt Pay Your Reckless Driving Ticket. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. I wouldnt be in school right now if it wasnt for Jacob and his team. All rights reserved. But the problem is that I cant know if the Commonwealth has their evidence in your case unless Ive looked at all the evidence and talked with the officer and talked with the prosecutor and then, and only then, will we know what plea we should enter. Jacob has been our lawyer for 3 years now and he is excellent. As the saying goes, anything you say can and will be used against you in a court of law. 2023 Simms Showers, LLP. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. The other driver indicates to the court that while he is waiting patiently at the red light on a nice slow and easy day, he saw you careening toward his vehicle from his rearview mirror and it appeared that you were distracted by your radio. 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. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Phone:(804) 355-8037 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. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. The abusive driver laws in Virginia were recently repealed. An officer may arrest you for reckless driving if he or she observes you: No. 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. While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. EVER. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. That could involve pleading to a "wet reckless.". Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. A plea of no contest, on the other hand, contains no admission. Waterville councilmember pleads guilty to reckless driving and lying to police. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. . Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. your lawyer may argue for one of two options. 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. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. However, the law was repealed a year later, and this is no longer a potential consequence. The Virginia Code defines a number of actions as reckless driving. A Quick Guide to Virginias Hit and Run Laws. However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. Second, you should look into taking driver improvement courses prior to your trial. 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. 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. While an officer can arrest you for the offense, they usually do not. Its judgment time. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. It is only a promise that you will be in court. In return, the court will offer you a plea deal for this much lower offense. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Well, you guys treat people well. You could be sentenced to jail if you are convicted of reckless driving. Showing the court evidence of this may also help your case. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. Additional penalties for failing to appear may also apply. However, if your Virginia traffic attorney is able to get the charge reduced, the reduced charge may remain on your record for a shorter period of time. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. When you plead guilty, you are agreeing to a criminal recordfor life. 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. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. You always look for a way to help your clients. While there are hundreds of collateral consequences for criminal convictions in Virginia, there are a few common ones you should look out for in relation to a reckless driving charge. A lawyer can question any witnesses and make arguments on your behalf. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. 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. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. Neck injury? Reckless Driving? You are beside yourself! Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. Fines: Class 1 misdemeanors carry a fine of up to $2,500. 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. An attorney familiar with Virginias reckless driving laws can suggest defenses that may work for your circumstances such as obtaining a speedometer calibration, presenting evidence of a medical emergency, or completing community service to demonstrate remorse for your actions. The outcome of any trial is not certain. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. This field is for validation purposes and should be left unchanged. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. 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. The next thing he remembers, he informs the court, is that his vehicle was rammed from behind and he had to be transported to the hospital because his neck was in pain. Virginia DUI and DWI; . Speeding tickets are traffic infractions, not misdemeanors. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. This means that it carries the same criminal penalties as reckless driving. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. However, the most common reason for a reckless driving charge is speed. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. Then we would say no contest because thats saying weve seen the evidence, and were admitting that they have the evidence to prove the charge theyve levied. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. The other choice of plea would be no contest. It happens to the best of us. The Commonwealth of Virginia defines reckless driving in many different ways. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Depending on your state, either the judge or a jury will make a final decision. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. 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. Phone: (757) 260-5996. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. While an officer can arrest you for the offense, they usually do not. 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. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. 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. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. There are reasons why no self-respecting lawyer would do this to his or her client. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. This is because most states subscribe to the Interstate Drivers License Compact. 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. This can help show the judge that youre taking steps to fix the problem. These relationships serve as a benefit in navigating the best path forward for clients. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket.