Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. He hears from the driver of the other vehicle. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Brunswick County Va Reckless Driving Lawyers, Bowling Green Va Reckless Driving Lawyers, Caroline County va Reckless Driving Lawyers, Chesterfield County Reckless Driving Lawyers, Colonial Heights Va Reckless Driving Lawyers, Dinwiddie County Va Reckless Driving Lawyers, Greensville County Va Reckless Driving Lawyers, Henrico County va Reckless Driving Lawyers, Lawrenceville VA Reckless Driving Lawyers, King George County Va Reckless Driving Lawyers, Mecklenburg County Va Reckless Driving Lawyers, New Kent County Va Reckless Driving Attorneys, Prince George County Reckless Driving Lawyers, Spotsylvania County Va Reckless Driving Lawyers, Stafford County Va Reckless Driving Lawyers, Sussex County Va Reckless Driving Lawyers. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. 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. How Long Does a Reckless Driving Stay on Record in Virginia? 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. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Avoiding jail time. Pleading a wet and reckless driving charge may only be available for first-time offenders. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Virginia Traffic Court: Should I plead No Contest or Guilty? 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. This can be used against you in civil court. You could be sentenced to jail if you are convicted of reckless driving. Additional penalties for failing to appear may also apply. Yes. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. . 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. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. You could also ask your attorney if youve already hired one. 6 Reasons a Lawyer Should Fight Your Ticket. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. 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. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. What are the chances of reducing the ticket? 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. No. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. your lawyer may argue for one of two options. 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. "Excellent teamwork, professional staff, and caring environment." What Happens if You Get a Speeding Ticket in Virginia? It is only a promise that you will be in court. Furthermore, a reckless driving charge can come with a fine of up to $2,500, up to a year in jail, a license suspension for up to six months, and an increase in car insurance fees. We go above and beyond in order to provide our clients with the best possible representation. Making a good impression on the judge is especially helpful in this regard. The Commonwealth of Virginia defines reckless driving in many different ways. However, the law was repealed a year later, and this is no longer a potential consequence. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Jacob is the Managing Partner of Tingen Law. Complete the form below to receive a free consultation. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. Call our Fairfax law office or start an online chat to schedule a free consultation today. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Reckless driving is a class B misdemeanor in Utah. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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. However, the easiest is to simply avoid driving over 80 miles per hour. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. It typically has the same effect as a guilty plea. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Free for Personal Injury & Criminal Defense Only. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. However, Virginia will report the offense and any imposed suspension or points to your home state. 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. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. Out of state drivers face the same reckless driving penalties as Virginia drivers. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. If youre charged with reckless driving, consult a lawyer immediately. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Even if you have already been found guilty of reckless driving, you may be able to appeal. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Though subsequent sections of the Code of Virginia outline actions that specifically constitute reckless driving, the determination as to whether to cite you for driving recklessly ultimately lies with the police officer who stops you. EVER. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Many Virginia jurisdictions no longer permit wet reckless driving pleas. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. This could have a negative impact on future prospects, including employment. You always look for a way to help your clients. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 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. Our experienced reckless driving attorneys at Simms Showers, LLP serve clients in Leesburg, Loudoun County and Fairfax County and can defend you both initially and on appeal from your reckless driving charge. 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 should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. 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. He can arrest you and take you to the police station for booking as a result. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Top Questions to Ask a Virginia Reckless Driving Attorney. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. In most cases, you can resolve them by simply paying the associated fine online. Reckless driving remains on your Virginia driving record for 11 years. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Schedule your consultation today and lets talk about what we can do for you! Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. 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. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. 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. 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 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. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. When you make a mistake and you cut your arm, please call a doctor. There are 5 general ways to receive DUI charges in Virginia, all of which will result in the loss of your license, fines, and possibly even jail time. Neck injury? Reckless Driving? You are beside yourself! Andrew wrote the book on reckless driving. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. While there are several reckless driving statutes in the Virginia Code, most reckless driving charges fall under one of three different laws: Using these laws, as well as other, more specific sections in the statute, Virginia judges can punish a wide variety of unsafe driving habits as reckless.. 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. If you have any questions, please contact our firm at (804) 355-8037. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Instead, the maximum penalty for speeding is usually only a $250 fine. The Virginia Code defines a number of actions as reckless driving. 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. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation.