Virginia Reckless Driving: Out of State Drivers. The Commonwealth of Virginia defines reckless driving in many different ways. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. It happens to the best of us. 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. 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. "Excellent teamwork, professional staff, and caring environment." Complete the form below to receive a free consultation. There are several ways to avoid reckless driving charges in Virginia. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. To explore your options, contact the firm at 908-643-6801 or via email to . Pleading a wet and reckless driving charge may only be available for first-time offenders. How Do I Fight A Reckless Driving Charge in Virginia? Pleading 'No Contest' in Virginia: What You Should Know How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC Showing the court evidence of this may also help your case. 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. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. The judge explains that he listened to you and all other witnesses intently. (1) A person is guilty of reckless driving who operates a vehicle: (a) in willful or wanton disregard for the safety of persons or property; or (b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous . If you plead not guilty, you can fight your Virginia traffic ticket in court either in person or by hiring an attorney to represent you. 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. The 10 day timeline includes weekends and holidays. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. First, look at the charges or law section part of the ticket. Am I pleading guilty if I sign a reckless driving ticket? If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. What guilty says is yes, I did what I am accused of. There is a difference between saying that the Commonwealth has the evidence to prove what theyre claiming, versus yes, I did what Im accused of. Thats the way I like to think about no contest versus guilty, and most of the time, I wouldnt plead a client guilty unless as pursuant to a plea agreement with the Commonwealth and theyre reducing the charge or giving us a really good outcome that we might not get from the judge. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Pleading No Contest in Virginia Is the Same as Pleading Guilty This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. 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. ", "I would not hesitate to retain Mr. Wilson again as my attorney." "I would highly recommend him.", Virginia Reckless Driving and Serious Traffic Offenses, Types of Evidence Used in Reckless Driving Cases, Reducing a Reckless Driving Charge to Improper Driving, Plea Bargaining in a Reckless Driving Case. 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." . 2023 Simms Showers, LLP. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. However, the most common reason for a reckless driving charge is speed. Andrew Lindsey; . You always look for a way to help your clients. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. You could be sentenced to jail if you are convicted of reckless driving. your lawyer may argue for one of two options. Email:info@weilandfirm.com What Happens to My Health Insurance Benefits During Divorce in Virginia? He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. 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. 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. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. 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. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. Holcomb Law, P.C. Home; Practice Areas . as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. 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. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? What is Constructive Desertion in Virginia. the same criminal penalties as reckless driving. Instead, you are asked to sign the summons, which is a promise to appear in court. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Plea Bargains in Virginia Reckless Driving Cases | Charles V Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. 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. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense GET DIRECTIONS. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. A person can be charged with reckless driving if he is driving 20 miles per hour over . Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. . Many Virginia jurisdictions no longer permit wet reckless driving pleas. Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. 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. Virginia Beach, VA 23452* 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. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. There are two ways to commit reckless driving: you can either. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. Initiating the process is quite simple. However, you can appeal the outcome of your case and receive a new trial with a different judge. 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. 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.