The Notice of Appeal form will list a date you must appear in Circuit Court to either have a second trial or pick a new trial date. Also, under most circumstances, speeding carries a maximum penalty of $250. Remember, failing to show up to your court date can lead to additional charges. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Your Virginia reckless driving defense attorney can help you accomplish this. Phone: (757) 317-1000, Newport News Contactme today to discuss your cases facts to determine the best option for you! 3437 W. Cary St. Richmond, VA 23221 However, a wet reckless charge does not. This video explains a little about the different plea options and how we decide together what you should plead. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. A DUI charge stays on your criminal and DMV record. What is Constructive Desertion in Virginia. For this reason, you should always speak carefully with officers during traffic stops. Call our Manassas office or start a live chat today to schedule your free consultation to learn how we will aggressively fight for your rights. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. Avoiding DUI Penalties With a "Wet Reckless" Charge Virginia Traffic Tickets | I Drive Safely GET DIRECTIONS. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. 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 That could involve pleading to a "wet reckless.". In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? Fax: (804) 355-8875 Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. What Happens to My Health Insurance Benefits During Divorce in Virginia? 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. However, you should note that youll never receive a ticket for improper driving.. Waterville councilmember pleads guilty to reckless driving and lying to This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm We respond to all communications within one business day. Can I Appeal My Virginia Reckless Driving Charge? The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. 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. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. An officer may arrest you for reckless driving if he or she observes you: No. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. Pleading to less serious charges. 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. 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. Virginia Beach, VA 23452* This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. What are the Consequences of a Reckless Driving Conviction? Call Free Consultation (703) 350-4877. How is this possible? If you get stopped and you get charged with a crime, call a lawyer! The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. 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. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Yes. Your appeal will be heard de novo in circuit court. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. 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. I work with all clients to understand their desired result. 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. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. 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. Your home states laws will determine whether any offense will apply to your driving record there. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. The Virginia Code defines a number of actions as reckless driving. Andrew wrote the book on DWI. 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. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. License suspension is mandatory for a . Now its the courts turn. The other choice of plea would be no contest. 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. Instead, the maximum penalty for speeding is usually only a $250 fine. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. 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. And in most states, this is not admissible in civil proceedings. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. This is because most states subscribe to the Interstate Drivers License Compact. 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. I am a Virginia traffic attorney. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. 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. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Initiating the process is quite simple. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. Seek competent legal counsel for advice on any legal matter. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. If a death occurs as a result of racing, you will be charged with a class 6 felony. Around Northern Virginia this is a common offense on the I-495 beltway, where the speed limit can drop to 55 mph, even though the normal rate of traffic is at least 75 mph. If the date is further out, then it is likely your actual trial date. Virginia laws do not statutorily define wet and reckless driving. In most cases, you can resolve them by simply paying the associated fine online. If you qualify for a court-appointed attorney, the judge will also let you know on this day. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Reckless Driving is a pretty serious charge. The DMV will also apply between three and six demerit points to your license. Complete the form below to receive a free consultation. Can I plead not guilty to a careless driving charge? Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. When you make a mistake and you cut your arm, please call a doctor. While the judge may appreciate your candor, it is still an admission of guilt. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. 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. 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. 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. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code.