pleading guilty to reckless driving in virginia

For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. I plead not guilty, your honor, you stammer. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. 3437 W. Cary St. Richmond, VA 23221 However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. That could involve pleading to a "wet reckless.". 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. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. 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] . Well, in part its because you didnt consult with an attorney who has a very clear understanding of Virginia traffic law, the courts policies and the facts at hand. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. 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. 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. 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. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Reckless driving remains on your Virginia driving record for 11 years. Likewise, showing up and admitting guilt but explaining your circumstances (you were passing another merging vehicle, you were running late for an important event, you were driving safely) will also likely end up in a guilty conviction. The Virginia Code defines a number of actions as reckless driving. What Happens if You Get a Speeding Ticket in Virginia? Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Is Now the Time to Request Your Virginia Driving Record? When a judge is evaluating the appropriate sentence for your conviction, he or she will consider prior reckless driving convictions, your driving record or DMV point rating, whether or not your actions caused injury, and your demeanor with the officer and the court. Virginia laws do not statutorily define wet and reckless driving. It doesnt take too much of an imagination to see yourself involved in a relatively minor accident at a traffic light on your way home from work. I will carefully review the facts of your case in determining how best to reach your goal. Even if you are guilty of this crime, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. The other choice of plea would be no contest. While an officer can arrest you for the offense, they usually do not. Reckless Driving is a pretty serious charge. When you make a mistake and you cut your arm, please call a doctor. Holcomb Law, P.C. 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. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. 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. 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. 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. If your reckless driving charge is a result of racing, you face enhanced penalties, including a license suspension of up to 2 years and the possible permanent seizure of your vehicle. 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 Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. You cannot mail in the ticket before court in Virginia because the judge has discretion in deciding your penalty depending on the facts and circumstances of your crime. These relationships serve as a benefit in navigating the best path forward for clients. And in most states, this is not admissible in civil proceedings. Hes sorry, he tells you, but he has no choice but to find you guilty. 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. Reckless driving; general rule. You also cannot appeal if you plead guilty to the reckless driving charge or a reduced charge, because pleading guilty automatically waives your right to appeal. He can arrest you and take you to the police station for booking as a result. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. Virginia is notoriously harsh in its treatment of driving crimes. 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. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. However, you should still speak with an attorney to double check this information. Virginia reckless driving consequences of large fines, jail sentences, increased insurance premiums, and the resulting criminal record remain the same for both local drivers and out of state drivers. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. You can also ask for a jury trial, but you may have to pay the costs for it. The judge then listens to the evidence. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. 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. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. You will be given a court date, and it is extremely important that you appear when you are supposed to. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . 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. Reckless driving is a class B misdemeanor in Utah. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. "Mr. Wilson is unbelievably knowledgeable and professional. By signing the summons, you are promising to attend your court hearing in your criminal case. An officer may arrest you for reckless driving if he or she observes you: No. 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. 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. Guilty is a little bit different than no contest. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. 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. In many cases, I can handle your case through discussions over the phone and email. 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. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you to remain free until your case is decided. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. However, the costs can change based on the details of your case. Phone: (757) 317-1000, Newport News 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. 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. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. 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. 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. Phone: (757) 387-1000, Hampton This means that it carries the same criminal penalties as reckless driving. 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. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Pleading to less serious charges. One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. 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. I work with all clients to understand their desired result. What are the Consequences of a Reckless Driving Conviction? Speeding is a traffic infraction, and it doesn't carry jail time. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. 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. Pleading a wet and reckless driving charge may only be available for first-time offenders. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. For this reason, you should always speak carefully with officers during traffic stops. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Newport News, VA 23606* There are reasons why no self-respecting lawyer would do this to his or her client. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. As Virginia traffic lawyers, we are often asked by clients and prospective clients whether it is best to plead guilty or no contest to a traffic offense such as reckless driving, driving under the influence (DUI/DWI) or speeding.

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