pleading guilty to reckless driving in virginia

Initiating the process is quite simple. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Avoiding jail time. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Maximum penalty: The way you would be guilty of a felony traffic offense in Virginia is if you are convicted of multiple DUI's in a short period of time. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Pleading 'No Contest' in Virginia: What You Should Know Fill out the form below and well be in touch within 1 business day! This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. 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. Pleading a wet and reckless driving charge may only be available for first-time offenders. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Email:info@weilandfirm.com Jail time, much like the fines, will vary depending on your speed, your record, and the locality. However, the law was repealed a year later, and this is no longer a potential consequence. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Notwithstanding your utter disagreement with the judges ruling, you explain to his or her honor that you have a perfect driving record and this is the first accident youve ever been involved in and youd like the court to consider reducing this to something less serious than reckless driving. life, limb, or property?. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Virginia is notoriously harsh in its treatment of driving crimes. You make your appearance in court on the designated court date. No. Initiating the process is quite simple. 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. Speeding is a traffic infraction, and it doesn't carry jail time. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. The outcome of any trial is not certain. To explore your options, contact the firm at 908-643-6801 or via email to . Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. For example, if a reckless driving conviction puts you over eight points in one year, or twelve points within two years, you will lose 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. 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. 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. While an officer can arrest you for the offense, they usually do not. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. These relationships serve as a benefit in navigating the best path forward for clients. Home; About. You only have 10 days to file the paperwork with your local Circuit Court. If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. 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. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. We provide transparent flat fees and flexible payment plans in most cases. How Much Does a Virginia Reckless Driving Lawyer Cost? The first and most important question you should ask is whether your ticket is for speeding or reckless driving. You were driving on the day of the offense. Hello, Im Andrew Flusche. That is why it is so important that you work with a knowledgeable reckless driving attorney. Your home states laws will determine whether any offense will apply to your driving record there. Testimonials & Reviews: Our Clients Words. Reckless Driving in Virginia. He hears from the driver of the other vehicle. I had this video transcribed for visitors who prefer to read the content. The Virginia Code defines a number of actions as reckless driving. You also cannot appeal if you plead guilty to the reckless driving charge or a reduced charge, because pleading guilty automatically waives your right to appeal. 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. When a judge is evaluating the appropriate sentence for your conviction, he or she will consider prior reckless driving convictions, your driving record or DMV point rating, whether or not your actions caused injury, and your demeanor with the officer and the court. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. 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. 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. Hes sorry, he tells you, but he has no choice but to find you guilty. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. In Virginia, drivers can plead . The judge then listens to the evidence. Phone: (757) 260-5996. In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. The final plea that would normally be entered is guilty. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Your Virginia reckless driving defense attorney can help you accomplish this. Virginia laws do not statutorily define wet and reckless driving. In Virginia, reckless driving is a class 1 criminal misdemeanor. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Its a no-brainer. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. 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. This could have a negative impact on future prospects, including employment. 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. But generally, reckless driving is a misdemeanor. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. "Mr. Wilson is unbelievably knowledgeable and professional. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Virginia Traffic Tickets | I Drive Safely 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Virginia Beach, VA 23452* Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC I wouldnt be in school right now if it wasnt for Jacob and his team. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. However, there are certain guidelines you need to follow. Andrew wrote the book on DWI. 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. Complete the form below to receive a free consultation. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. Seek competent legal counsel for advice on any legal matter. Reckless driving remains on your Virginia driving record for 11 years. To drive recklessly in Virginia is to have a disregard for the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property. Powers v. Commonwealth, 211 Va. 386, 388 (1970).

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