Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. life, limb, or property?. If youre charged with reckless driving, consult a lawyer immediately. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. 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. If you are pulled over for speeding in excess of 20 mph above the posted limit, or in excess of 80 mph regardless of the posted limit, you may be charged with a class 1 misdemeanor. You explain to the court that you were not distracted when you hit the other vehicle. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. 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. If you have any questions during the stop itself, ask the officer who issued you the ticket. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. This can help show the judge that youre taking steps to fix the problem. But that's only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order.
Reckless Driving VA | Reckless Driving First Offense Attorneys VA However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Keep in mind that you can be arrested even if you sign the ticket if the officer has other reasons to believe that you will not attend your court hearing. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. 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. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Yes. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. While an officer can arrest you for the offense, they usually do not. You were driving unsafely, or at an unsafe speed.
Conviction of felony reckless driving causing death results in a license suspension of 1 to 3 years as well as a prison sentence of up to 20 years. Failing to do so is a separate crime, which can result in even more penalties. 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. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. These points will normally remain on your license for two years. In Virginia, drivers can plead .
Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail.
What Happens if You Get a Speeding Ticket in Virginia? What Is a Wet Reckless in Virginia? This means, being found guilty of reckless driving results in some pretty severe consequences: A fine of up to $2500 6 demerit points on your driver's license Suspended driver's license for up to 6 months Up to 12 months in jail 305 Harrison Street SE Third Floor Leesburg, Virginia 20175, 113 S. Kent Street Suite 201 Winchester, Virginia 22601, 9300 Grant Avenue Suite 101 Manassas, Virginia 20110-5069, 201 International Circle Suite 230 Hunt Valley, Maryland 21030, 10505 Judicial Drive Suite 206 Fairfax, Virginia 22030, 136 Professional Circle Williamsburg, Virginia 23185. Out of state drivers face the same reckless driving penalties as Virginia drivers. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. By hiring an attorney experienced in Virginia reckless driving law, they can petition the court to appear on your behalf and you may not have to be present. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. 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. You will be given a court date, and it is extremely important that you appear when you are supposed to. 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.
Georgia's Reckless Driving Laws and Penalties For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Well outline the basics of each of these penalties below. Testimonials & Reviews: Our Clients Words. However, the easiest is to simply avoid driving over 80 miles per hour. 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. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. Speak to one of our lawyers now to identify the right solutions. He has been great for us, the very best. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. As the saying goes, anything you say can and will be used against you in a court of law. Reckless driving is defined by the Code of Virginia, and though it deals with traffic infractions, it is a criminal offense rather than a moving violation. Instead, the maximum penalty for speeding is usually only a $250 fine. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. It's vital that you make the scheduled court appearance, since failing to appear is a misdemeanor that could result in additional jail time on top of your reckless driving conviction. These penalties are commonly referred to as collateral consequences. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. All Rights Reserved. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Fines: Class 1 misdemeanors carry a fine of up to $2,500. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 720 Mall Parkway What Kind of Evidence Can Help in My Reckless Driving Case? Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Rock and read Annual event encourages reading +4; Mar 2, 2023 Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . 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. Reckless driving is a crime. What Happens if You Get a Speeding Ticket in Virginia? Please call today to schedule a free, no-obligation consultation. The judge then listens to the evidence. However, you should still speak with an attorney to double check this information. 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. VA Code 46.2-862. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. This is unbelievable, you think to yourself. It means that you are not admitting guilt, but you are also not disputing the facts of the charge and therefore, you accept the court's decision even though you're not admitting guilt. However, you can appeal the outcome of your case and receive a new trial with a different judge. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. 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. Even with all this helpful information, sometimes you just need to talk. 888-DUI-LWYR | 703-361-6100. three and six demerit points to your license.
46.2-852. Reckless driving; general rule - Virginia Virginia DUI and DWI; . Call our Fairfax law office or start an online chat to schedule a free consultation today. Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. However, the law was repealed a year later, and this is no longer a potential consequence. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. Additionally, you may never even need to enter a courtroom. Now its the courts turn. We go above and beyond in order to provide our clients with the best possible representation. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. The penalties aren't as severe as in a DUI in Virginia. Reckless Driving is a pretty serious charge.
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