pleading guilty to reckless driving in virginia

We understand that returning to the state may be difficult and require significant time and expense. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Virginia is notoriously harsh in its treatment of driving crimes. 468 Investors Pl, Suite 202A Out of state drivers face the same reckless driving penalties as Virginia drivers. 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. . 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. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. Our experienced reckless driving attorneys at Simms Showers, LLP serve clients in Leesburg, Loudoun County and Fairfax County and can defend you both initially and on appeal from your reckless driving charge. Reckless driving is a Class 1 misdemeanor in Virginia. 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. 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. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. Reckless Driving is not a traffic infraction, it is a misdemeanor. This is an informal hearing commonly known as arraignment. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. 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. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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. 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. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law Making a good impression on the judge is especially helpful in this regard. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. . By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. The Virginia Code defines a number of actions as reckless driving. However, you can appeal the outcome of your case and receive a new trial with a different judge. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. These points will normally remain on your license for two years. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? The hearing is where you will bring to light all the information presented in the police report. 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. Showing the court evidence of this may also help your case. 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. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. You were driving on the day of the offense. You make your appearance in court on the designated court date. The Notice of Appeal form will list a date . As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. A Quick Guide to Virginias Hit and Run Laws. It typically has the same effect as a guilty plea. By hiring an attorney experienced in Virginia reckless driving law, they can petition the court to appear on your behalf and you may not have to be present. Indeed, pleading not guilty or no contest before such a judge could prove to be a very costly mistake, especially to a person concerned about the affect the reckless driving conviction could have on their driving record, auto insurance rates, employment, or driving privileges. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. Our office handles reckless driving cases across Northern Virginia state courts (Alexandria, Fairfax, Arlington, Prince William) and the Eastern District of Virginia federal district court. Your Virginia reckless driving defense attorney can help you accomplish this. 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. VA Code 46.2-862. Many Virginia jurisdictions no longer permit wet reckless driving pleas. This was a minor accident. And finally its your turn to testify. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. As the nice officer hands you the summons for Reckless Driving with a court date for you to appear and plead your case to the judge he waves politely and tells you to have a nice day. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. You could also ask your attorney if youve already hired one. Keep in mind that you can be arrested even if you sign the ticket if the officer has other reasons to believe that you will not attend your court hearing. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. 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. The other choice of plea would be no contest. Virginia Beach, VA 23452* However, Virginia will report the offense and any imposed suspension or points to your home state. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. 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. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. 720 Mall Parkway Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. If your speedometer was off in your favor this could be used to mount your defense. This can be used against you in civil court. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. 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. Second, you should look into taking driver improvement courses prior to your trial. 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. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. 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. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). These penalties are commonly referred to as collateral consequences. Jacob is the Managing Partner of Tingen Law. Copyright The Reckless Driving Lawyers 2023. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. If you didn't hire an attorney for your first reckless driving trial, retaining legal representation for your appeal may result in a more favorable outcome for your case. Pleading to less serious charges. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. Failing to do so is a separate crime, which can result in even more penalties. Is Now the Time to Request Your Virginia Driving Record? Fill out the form below and well be in touch within 1 business day! Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. I had this video transcribed for visitors who prefer to read the content. However, the easiest is to simply avoid driving over 80 miles per hour. 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. One is to get your speedometer calibrated at a Virginia auto shop. Its the most-reviewed Virginia reckless driving resource on Amazon.com. Yes. This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. 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.