Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. 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. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Phone: (757) 260-5996. 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. Second, you should look into taking driver improvement courses prior to your trial. Call our Fairfax law office or start an online chat to schedule a free consultation today. 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. Home; Practice Areas . A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. 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. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Although consequences of a wet reckless driving charge may mirror the consequences of a DUI or DWI conviction, multiple benefits exist to seeking a plea of wet reckless driving. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. 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. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. You are not pleading guilty by signing the summons. This can be used against you in civil court. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. 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, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Reckless driving, unsafe passing . Typically most wet reckless driving charges result in the following: For this reason, many people charged with DUI often seek out the possibility of reducing their charge to a wet reckless. 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. Even if you have already been found guilty of reckless driving, you may be able to appeal. 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. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. 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. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. Speak to one of our lawyers now to identify the right solutions. Am I pleading guilty if I sign a reckless driving ticket? 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. Call Free Consultation (703) 350-4877. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. Reckless driving remains on your Virginia driving record for 11 years. First, look at the charges or law section part of the ticket. In general, you should expect to pay around $350-$500. The 10 day timeline includes weekends and holidays. Finally, your attorney can look into a possible amendment to Improper Driving. 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. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. First, depending on your district, you should commit to performing community service before your trial date. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. Were a Richmond, Virginia law firm with clients from around the world. In situations where there is difficulty proving blood alcohol levels with certainty, many may seek to reduce their DUI charge to a wet reckless driving charge. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. We respond to all communications within one business day. . This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. This field is for validation purposes and should be left unchanged. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. What Happens if You Get a Speeding Ticket in Virginia? 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 However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Pleading a wet and reckless driving charge may only be available for first-time offenders. Newport News, VA 23606* Accidentally admitting to a crime during the stop will only negatively impact your case down the line. 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. 3437 W. Cary St. Richmond, VA 23221 This video explains a little about the different plea options and how we decide together what you should plead. Email:info@weilandfirm.com That is why it is so important that you work with a knowledgeable reckless driving attorney. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. You may be able to enter into a plea agreement to plead guilty to a much less serious offense that does not include the harsh penalties of a reckless driving conviction or that may not result in a criminal record. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Reckless driving is a Class 1 misdemeanor in Virginia. However, the law was repealed a year later, and this is no longer a potential consequence. This is an informal hearing commonly known as arraignment. The 10 day timeline includes weekends and holidays. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Andrew wrote the book on reckless driving. He has been great for us, the very best. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Well, you guys treat people well. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. If you are found guilty or plead guilty, you will have a criminal conviction on your record. I plead not guilty, your honor, you stammer. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. This can help show the judge that youre taking steps to fix the problem. They can raise your defenseswhich you can have even if you are guilty of the chargesso that you achieve the best possible outcome given your situation. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. 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 driver's civil attorney may try to use that plea against you as an admission of guilt. What gives me the shivers and a cold sweat is seeing a pro se defendant (no lawyer) walk up to the front of the room and plead guilty to Reckless Driving, a Class 1 Misdemeanor, without a fight. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. This means that it carries the same criminal penalties as reckless driving. You are not pleading guilty to reckless driving by signing the summons. Schedule your consultation today and lets talk about what we can do for you! I will carefully review the facts of your case in determining how best to reach your goal. In Virginia, reckless driving is a class 1 criminal misdemeanor. It is in your best interest to have a Virginia attorney who is experienced in reckless driving laws file the appeal for you and represent you throughout the process. A person can be charged with reckless driving if he is driving 20 miles per hour over . 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." . The trial itself will be conducted in the same general fashion as your first trial. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Even with all this helpful information, sometimes you just need to talk. However, the easiest is to simply avoid driving over 80 miles per hour. Make sure to always attend any court dates relating to your reckless driving charge. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. 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. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. 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 . If you need help and want to get started on your case reach out and ask Andrew a question about your charge. Waterville councilmember pleads guilty to reckless driving and lying to police. Possibly. You can also ask for a jury trial, but you may have to pay the costs for it. The outcome of any trial is not certain. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Out of state drivers face the same reckless driving penalties as Virginia drivers. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. This law firm website and legal marketing are managed by MileMark Media. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. Then the court hears from the officer. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. While there are hundreds of collateral consequences for criminal convictions in Virginia, there are a few common ones you should look out for in relation to a reckless driving charge. 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. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. 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. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). The abusive driver laws in Virginia were recently repealed. Newport News, VA 23693 In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Andrew wrote the book on DWI. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. By signing the summons, you are promising to attend your court hearing in your criminal case. The final plea that would normally be entered is guilty. 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. Instead, you are asked to sign the summons, which is a promise to appear in court. Your appeal will be heard de novo in circuit court. How is this possible? Your Virginia reckless driving defense attorney can help you accomplish this. 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. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. If the date is further out, then it is likely your actual trial date. Jacob is the Managing Partner of Tingen Law. Reckless Driving is not a traffic infraction, it is a misdemeanor. For a first reckless driving conviction, the Driver License Division (DLD) can suspend the driver's license for up to three months upon the recommendation of the judge.