Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. Additionally, you may never even need to enter a courtroom. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. One exception is that your reckless driving conviction may not impact your driving privileges in your home state, and you may not receive points against your license. "Mr. Wilson is unbelievably knowledgeable and professional. This can help show the judge that youre taking steps to fix the problem. If youre charged with reckless driving, consult a lawyer immediately. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. In general, you should expect to pay around $350-$500. In some states, certain acts are automatically considered reckless, such as: We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. Additional penalties for failing to appear may also apply. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. 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. Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense As Virginia traffic lawyers, we are often asked by clients and prospective clients whether it is best to plead guilty or no contest to a traffic offense such as reckless driving, driving under the influence (DUI/DWI) or speeding. Showing the court evidence of this may also help your case. You make your appearance in court on the designated court date. As you can no doubt see, it this is not a decision to be made lightly. All rights reserved. You were driving unsafely, or at an unsafe speed. 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. Were you or a family member charged with reckless driving in Virginia? How to Get Reckless Driving Dismissed | Legal Beagle Virginia laws do not statutorily define wet and reckless driving. What You Need to Know About Radar Readings If Youve Been Charged With Speeding or Reckless Driving in Virginia, What You Need to Know About Getting a Speeding Ticket in Virginia. three and six demerit points to your license. 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. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. 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. This means that, in the eyes of the court, reckless driving is as serious of an offense as assault, impersonating a police officer, and certain forms of arson. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. Reckless driving; general rule. Virginia Criminal Offense FAQs | The Wilson Law Firm The abusive driver laws in Virginia were recently repealed. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. 11815 Fountain Way, Suite 300 Your case gets called and the judge asks you how you plead. If convicted, youll usually receive a relatively large fine. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Additionally, by not signing the summons, you come across as rude and uncooperative, which is likely a factor that will play into resolving your case. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. Were a Richmond, Virginia law firm with clients from around the world. 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. Newport News, VA 23606* As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. One very common example of charge bargaining in Virginia relates to 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. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. Second, you should look into taking driver improvement courses prior to your trial. This video explains a little about the different plea options and how we decide together what you should plead. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. The DMV will also apply between three and six demerit points to your license. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. There are several ways to avoid reckless driving charges in Virginia. However, the most common reason for a reckless driving charge is speed. How to Get Reckless Driving Reduced to Improper Driving in Virginia Then the court hears from the officer. How Do I Fight A Reckless Driving Charge in Virginia? If your speedometer was off in your favor this could be used to mount your defense. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. Virginia Traffic Tickets | I Drive Safely I work with all clients to understand their desired result. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. Mr. Wilson is a true professional. All Rights Reserved. We provide free consultations for cases in our area. Reckless driving remains on your Virginia driving record for 11 years. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). 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. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. You only have 10 days to file the paperwork with your local Circuit Court. Is Now the Time to Request Your Virginia Driving Record? You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. 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. Please call today to schedule a free, no-obligation consultation. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Seek competent legal counsel for advice on any legal matter. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. These relationships serve as a benefit in navigating the best path forward for clients. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. Do you know how hard it is to find a lawyer that you can trust? Hello, Im Andrew Flusche. 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. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. There are two ways to commit reckless driving: you can either. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. Its the most-reviewed Virginia reckless driving resource on Amazon.com. GET DIRECTIONS. While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. You were driving on the day of the offense. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. If you have any questions during the stop itself, ask the officer who issued you the ticket. What are the chances of reducing the ticket? Pleading a wet and reckless driving charge may only be available for first-time offenders. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. This is because most states subscribe to the Interstate Drivers License Compact. 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. Phone: (757) 317-1000, Newport News If charged with a DUI or DWI in Virginia, it may be possible to reach an agreement by pleading a lesser charge of a wet reckless driving. FAIRFAX, Va. -- Washington Nationals outfielder Jayson Werth has pleaded guilty to reckless driving and has been sentenced to five days in jail for driving 105 mph on the Capital Beltway. 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. 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. Fax: (804) 355-8875 There are reasons why no self-respecting lawyer would do this to his or her client. Reckless Driving is not a traffic infraction, it is a misdemeanor. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Am I pleading guilty if I sign a reckless driving ticket? Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . An attorney experienced with VA reckless driving defense can help you prevent that outcome. 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 What Do You Need to Know about Wet Reckless in Virginia? Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. This is unbelievable, you think to yourself. Well outline the basics of each of these penalties below. 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. Andrew wrote the book on reckless driving. What Kind of Evidence Can Help in My Reckless Driving Case? 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. However, most first-time offenders can avoid jail by instead performing community service. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Speak to one of our lawyers now to identify the right solutions. Avoiding DUI Penalties With a "Wet Reckless" Charge In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. Its judgment time. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. 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.