Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? 2023 Simms Showers, LLP. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Saints running back Alvin Kamara and Bengals cornerback Chris Lammons entered not guilty pleas to battery charges in a Las Vegas courtroom on Thursday.. Kamara, Lammons and two other men were indicted by a grand jury last month on two charges one count of conspiracy to commit battery gross misdemeanor and one count of battery substantial bodily harm felony as a result of an incident in . Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. What Is a Wet Reckless in Virginia? Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. 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. If you have any questions during the stop itself, ask the officer who issued you the ticket. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. We respond to all communications within one business day. Instead, the maximum penalty for speeding is usually only a $250 fine. You are not pleading guilty to reckless driving by signing the summons. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. 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. 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. 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. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. Visit our site today for more information. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. I had this video transcribed for visitors who prefer to read the content. Reckless driving is a Class 1 misdemeanor in Virginia. Can I Appeal My Virginia Reckless Driving Charge? Please call today to schedule a free, no-obligation consultation. Reckless Driving in Virginia: What You Need To Know Reckless Driving is a pretty serious charge. Jayson Werth of Washington Nationals pleads guilty to reckless driving I am happy to work with you based on your convenience. The Virginia Appeals Process. 46.2-852. Reckless driving; general rule - Virginia We provide free consultations for cases in our area. This can help show the judge that youre taking steps to fix the problem. I plead not guilty, your honor, you stammer. 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. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. Signing the summons is a good strategy to avoid these negative consequences. Your appeal will be heard de novo in circuit court. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. 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 is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). It is only a promise that you will be in court. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. 720 Mall Parkway Andrew wrote the book on DWI. The Commonwealth of Virginia defines reckless driving in many different ways. By signing the summons, you are promising to attend your court hearing in your criminal case. In addition, you may not prepay reckless driving citations in Virginia. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. Irrespective of the maximum speeds permitted by law, any person who drives a 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 shall be guilty of reckless driving. License suspension is mandatory for a . Out of state drivers face the same reckless driving penalties as Virginia drivers. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. EVER. Top Questions to Ask a Virginia Reckless Driving Attorney. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. 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. To explore your options, contact the firm at 908-643-6801 or via email to . However, the law was repealed a year later, and this is no longer a potential consequence. If you have any questions, please contact our firm at (804) 355-8037. However, the easiest is to simply avoid driving over 80 miles per hour. However, a wet reckless charge does not. Reckless driving is a crime. What Is The Virginia Difference Between Misdemeanor & Felony DUI? 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. As you can no doubt see, it this is not a decision to be made lightly. The hearing is where you will bring to light all the information presented in the police report. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. I wouldnt be in school right now if it wasnt for Jacob and his team. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. You are not pleading guilty by signing the summons. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. three and six demerit points to your license. Reckless driving is a class B misdemeanor in Utah. Possibly. 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. Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Initiating the process is quite simple. Initiating the process is quite simple. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. . Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. 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. 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. This is an informal hearing commonly known as arraignment. The abusive driver laws in Virginia were recently repealed. 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. How is this possible? 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. If I Date Someone Else While Separated, Is it Adultery in Virginia? You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 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. Pleading a wet and reckless driving charge may only be available for first-time offenders. These shops should be able to provide you with a calibration sheet that can be used in Court. 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. This video explains a little about the different plea options and how we decide together what you should plead. 41-6a-528 Reckless driving -- Penalty. 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* Some judges, for example, will not dismiss or reduce a reckless driving charge to a lesser offense against a defendant who pleads not guilty and then asks the court for leniency after the judge finds that the facts established at trial support a conviction. 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 . Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. Speeding tickets are traffic infractions, not misdemeanors. Basically, you want to show the court that youve made efforts to correct your behavior, and that there is a low risk of a repeat offense. 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. Home; Practice Areas . In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. 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. The trial itself will be conducted in the same general fashion as your first trial. He has been great for us, the very best. Its jam-packed full of answers for your case. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as a class 1 misdemeanor. Phone: (757) 317-1000, Newport News Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. 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. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. 2023 Charles V. Hardenbergh, PC, All Rights Reserved, Reproduced with Permission, DUI/DWI Arrest Survival Guide The Guilt Myth, The Secret Truth about how to win a Virginia Expungement Case, Virginia Reckless Driving Sentence Estimator, 5 Mistakes to Avoid When Preparing for Court, Why You Shouldnt Pay Your Reckless Driving Ticket. . If you get stopped and you get charged with a crime, call a lawyer! Schedule your consultation today and lets talk about what we can do for you! GET DIRECTIONS. What Kind of Evidence Can Help in My Reckless Driving Case? However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. So, what to do? 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. That means that it will be a complete do-over and the judge will hear the case as if it were not brought before any previous court. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. There are several ways to avoid reckless driving charges in Virginia. . As with license suspension, the final decision falls to the judge presiding over your case. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. 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