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A common situation where the prosecutor may offer a wet reckless plea is where your blood alcohol level (BAC) was only slightly above the legal limit of .08%. I will carefully review the facts of your case in determining how best to reach your goal. Phone:(804) 355-8037 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 plead innocent, a trial date will be set for a hearing on your reckless driving charge. All parties who plead guilty to a wet and reckless driving charge work with the prosecuting attorney to determine the terms of your guilty plea. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Hampton, VA 23663 41-6a-528 Reckless driving -- Penalty. 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. Am I pleading guilty if I sign a reckless driving ticket? No. Hello, Im Andrew Flusche. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. 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. Make sure to attend both your first appearance (if applicable) and your trial date. To explore your options, contact the firm at 908-643-6801 or via email to . Virginia courts penalize reckless driving as aClass 1 misdemeanor. 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] . Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Even if you live in another state, you might have to show up in the Virginia court listed on your ticket on your assigned day. 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. Jacob is the Managing Partner of Tingen Law. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. Holcomb Law, P.C. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. 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." . 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. Free for Personal Injury & Criminal Defense Only. First, look at the charges or law section part of the ticket. Your case gets called and the judge asks you how you plead. 468 Investors Pl, Suite 202A the same criminal penalties as reckless driving. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. However, people charged with reckless driving where alcohol or drugs are involved may plead to a wet reckless driving charge to reduce a DUI convictions devastating impact. You could be sentenced to jail if you are convicted of reckless driving. 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. 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 For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. Its a no-brainer. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. 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. If you have any questions about the court date you should reach out to the Clerk of the court. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Rock and read Annual event encourages reading +4; Mar 2, 2023 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. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. 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, 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. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. You will be given a court date, and it is extremely important that you appear when you are supposed to. The DMV will also apply between three and six demerit points to your license. 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. You are not pleading guilty to reckless driving by signing the summons. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. However, the most common reason for a reckless driving charge is speed. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. There are reasons why no self-respecting lawyer would do this to his or her client. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. We go above and beyond in order to provide our clients with the best possible representation. 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. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. A DUI charge stays on your criminal and DMV record. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . 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. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. 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. 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. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. 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. 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. At most, improper driving will result in a $500 fine and three points on your license. I am a Virginia traffic attorney. Our special report about driving on suspended explains six critical issues to possibly fight in your case. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Reckless driving is a class B misdemeanor in Utah. . One question I get from prospective clients, that is a little bit frustrating, is How should I plead? In general, first-time offenders can expect a fine, points on their license, and possibly jail time. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. Home; About. 6 Reasons a Lawyer Should Fight Your Ticket. This was a minor accident. And finally its your turn to testify. What are the Consequences of a Reckless Driving Conviction? If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. your lawyer may argue for one of two options. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. In most cases, you can resolve them by simply paying the associated fine online. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Being proactive in your defense can go a long way, especially in cases of reckless by speed. 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. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. When you make a mistake and you cut your arm, please call a doctor. Complete the form below to receive a free consultation. I work with all clients to understand their desired result. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Remember, failing to show up to your court date can lead to additional charges. But generally, reckless driving is a misdemeanor. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. When you are asked by a college, a recruiter, or an employer for example, if you have a criminal record, you must truthfully answer yes. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. Speak to one of our lawyers now to identify the right solutions. Well, you guys treat people well. However, the easiest is to simply avoid driving over 80 miles per hour. Mr. Wilson is a true professional. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. In a case where just the judge is involved, in a lot of those cases where the evidence is in order, I would probably advise my client to plead no contest. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Make sure to always attend any court dates relating to your reckless driving charge. Virginia Reckless Driving: Out of State Drivers. Contact the office today for a consultation with our Criminal Defense Attorneys regarding your reckless driving charge to learn how we can help you in courts across Northern Virginia. . . EVER. Then the court hears from the officer. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. 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. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . Newport News, VA 23693 Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. 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. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. Copyright The Reckless Driving Lawyers 2023. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. ", "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. . Top Questions to Ask a Virginia Reckless Driving Attorney. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. In Virginia, drivers can plead . Pleading to less serious charges. However, there are certain guidelines you need to follow. there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide.