Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. If the date is further out, then it is likely your actual trial date. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. 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. We understand that returning to the state may be difficult and require significant time and expense. 11815 Fountain Way, Suite 300 Yes. Reckless Driving in Virginia: The Ultimate Guide - Tingen Law, PLLC If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. How do I plead? you think to yourself. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . Second, discuss with your attorney whether you should take a driver education or driver improvement course. Also, under most circumstances, speeding carries a maximum penalty of $250. 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. Were you or a family member charged with reckless driving in Virginia? 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. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. When you make a mistake and you cut your arm, please call a doctor. 3437 W. Cary St. Richmond, VA 23221 Free for Personal Injury & Criminal Defense Only. You could be sentenced to jail if you are convicted of reckless driving. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. You understand that if you fail to attend your court hearing, you could be arrested. The higher your speed, the more likely jail time becomes. It happens to the best of us. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. However, a reckless driving ticket isnt the end of the world. The officer testifies that he did not see any tire marks to indicate braking, which led him to believe that you were distracted and did not brake before impacting the other vehicle. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Home; Practice Areas . However, you should note that youll never receive a ticket for improper driving.. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Instead, you are asked to sign the summons, which is a promise to appear in court. You were driving unsafely, or at an unsafe speed. But the problem is that I cant know if the Commonwealth has their evidence in your case unless Ive looked at all the evidence and talked with the officer and talked with the prosecutor and then, and only then, will we know what plea we should enter. 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. 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. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. 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. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. This video explains a little about the different plea options and how we decide together what you should plead. What Happens to My Health Insurance Benefits During Divorce in Virginia? Being proactive in your defense can go a long way, especially in cases of reckless by speed. 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. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Fighting your ticket can be challenging, but if you win your case, you will not be required to pay any fines or court fees, and the ticket will not be added to your record. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. Its jam-packed full of answers for your case. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. 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. However, the costs can change based on the details of your case. 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. 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. 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. Instead, you are asked to sign the summons, which is a promise to appear in court. 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. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. I am happy to work with you based on your convenience. License suspension is mandatory for a . Jayson Werth of Washington Nationals pleads guilty to reckless driving Reckless Driving Lawyer Virginia - Criminal Defense Law Firm In general, you should expect to pay around $350-$500. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. Hampton, VA 23663 We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Your Virginia reckless driving defense attorney can help you accomplish this. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Top Questions to Ask a Virginia Reckless Driving Attorney. As you can no doubt see, it this is not a decision to be made lightly. Second, you should look into taking driver improvement courses prior to your trial. Yes. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. A Quick Guide to Virginias Hit and Run Laws. The Notice of Appeal form will list a date . Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Virginia laws do not statutorily define wet and reckless driving. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. So, what to do? It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. Newport News, VA 23606* Additionally, you may never even need to enter a courtroom. What are the chances of reducing the ticket? But of course we cant know for sure until we talk with the officer and any other witnesses. 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. three and six demerit points to your license. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes.