Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived 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 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. Virginia is notoriously harsh in its treatment of driving crimes. One is to get your speedometer calibrated at a Virginia auto shop. This field is for validation purposes and should be left unchanged. Reckless Driving in Virginia. 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 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. Virginia DUI and DWI; . By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. The abusive driver laws in Virginia were recently repealed. The higher your speed, the more likely jail time becomes. These penalties are commonly referred to as collateral consequences. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. If the date is further out, then it is likely your actual trial date. The judge explains that he listened to you and all other witnesses intently. Jacob is the Managing Partner of Tingen Law. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Saying NO to Breath Test COULD Incriminate You, YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LmtzWkluSGtoSjlr, Fighting No Insurance Tickets in Virginia, Talk to a Virginia Traffic Attorney BEFORE Going to Court. Instead, you are asked to sign the summons, which is a promise to appear 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. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Your case gets called and the judge asks you how you plead. This video explains a little about the different plea options and how we decide together what you should plead. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Contact us to see what we can do for you. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Speak to one of our lawyers now to identify the right solutions. Saints running back Alvin Kamara and Bengals cornerback Chris Lammons entered not guilty pleas to battery charges in a Las Vegas courtroom on Thursday.. Kamara, Lammons and two other men were indicted by a grand jury last month on two charges one count of conspiracy to commit battery gross misdemeanor and one count of battery substantial bodily harm felony as a result of an incident in . Were a Richmond, Virginia law firm with clients from around the world. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. "Mr. Wilson is unbelievably knowledgeable and professional. For this reason, you should always speak carefully with officers during traffic stops. This is an informal hearing commonly known as arraignment. 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. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. In some states, certain acts are automatically considered reckless, such as: If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. So thats just a little taste of the different plea choices and why its impossible, without knowing all the facts of the case and talking with the officer and any witnesses, to make a good decision and advise a person about how they should plead. The final plea that would normally be entered is guilty. 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. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . 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. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. However, Virginia will report the offense and any imposed suspension or points to your home state. But that's only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. However, the law was repealed a year later, and this is no longer a potential consequence. Depending on your state, either the judge or a jury will make a final decision. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. 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. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. 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. These points will normally remain on your license for two years. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. He can arrest you and take you to the police station for booking as a result. Many Virginia jurisdictions no longer permit wet reckless driving pleas. 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. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. When you make a mistake and you cut your arm, please call a doctor. Reckless Driving in Virginia: What You Need To Know Your SEO optimized title Menu Home Criminal Defense Assault and Battery Concealment/Shoplifting Trespassing Expungements Underage Possession 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. 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 drivers civil attorney may try to use that plea against you as an admission of guilt. What Happens if You Get a Speeding Ticket in Virginia? Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. If you qualify for a court-appointed attorney, the judge will also let you know on this day. So, what to do? Making a good impression on the judge is especially helpful in this regard. The Commonwealth of Virginia defines reckless driving in many different ways. 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. However, most first-time offenders can avoid jail by instead performing community service. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. The Court listens patiently as you make your best pitch, but then informs you that it is the courts policy to not dismiss or reduce Reckless Driving charges (or Following Too Close charges) where an accident is involved and the defendant pleads not guilty. What Is The Virginia Difference Between Misdemeanor & Felony DUI? I am happy to work with you based on your convenience. As the saying goes, anything you say can and will be used against you in a court of law. 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. Free for Personal Injury & Criminal Defense Only. An officer may arrest you for reckless driving if he or she observes you: No. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Northern Virginia Criminal Defense Attorney, Northern Virginia Criminal Defense Attorneys, Virginia Reckless Driving Defense Attorney, Virginia Reckless Driving Defense Attorneys, Former Virginia County Republican Committee Chairman Charged With Child Pornography, Virginia Man Allegedly Abducts Teenage Victim. Here is what you are agreeing to when you sign the summons: If you refuse to sign the reckless driving summons, the police officer may assume that you will not appear in court and has the discretion to arrest you and take you to the police station to be booked. 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. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. The penalties aren't as severe as in a DUI in Virginia. Is Now the Time to Request Your Virginia Driving Record? You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Failing to do so is a separate crime, which can result in even more penalties. "Excellent teamwork, professional staff, and caring environment." In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. In addition, you may not prepay reckless driving citations in Virginia. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. 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. Avoiding jail time. GET DIRECTIONS. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Please call today to schedule a free, no-obligation consultation. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. Pleading a wet and reckless driving charge may only be available for first-time offenders. If you have any questions during the stop itself, ask the officer who issued you the ticket. However, the easiest is to simply avoid driving over 80 miles per hour. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. 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. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. Virginia Traffic Court: Should I plead No Contest or Guilty? Initiating the process is quite simple. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. And in many Northern Virginia jurisdictions (like Fairfax County), the . Its the most-reviewed Virginia reckless driving resource on Amazon.com. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Do you know how hard it is to find a lawyer that you can trust? Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. However, you should note that youll never receive a ticket for improper driving.. The 10 day timeline includes weekends and holidays. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. What Happens to My Health Insurance Benefits During Divorce in Virginia? At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. 720 Mall Parkway Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Reckless driving is a Class 1 misdemeanor in Virginia. You go on to testify that the light had just turned green and you thought that the vehicle in front of you was beginning to accelerate and so you didnt brake. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. That means you wont have a criminal charge on your record, and jail time is off the table, though you will likely receive a fine. Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. 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. Virginia laws do not statutorily define wet and reckless driving. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as a class 1 misdemeanor. . serves clients in Hampton Roads VA both in the Peninsula and the Southside including Seaford, Poquoson, Lightfoot, Hampton, Newport News, Yorktown, Fort Eustis, Lackey, Gloucester Point, Achilles, Maryus, Williamsburg, Bayside, Portsmouth, Norfolk, Chesapeake, Suffolk, Virginia Beach, Smithfield and beyond. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Neck injury? Reckless Driving? You are beside yourself! The DMV will also apply between three and six demerit points to your license. 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. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. How Do I Fight A Reckless Driving Charge in Virginia? 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. 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. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. ", "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. There are two ways to commit reckless driving: you can either. 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.

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