How do I plead? you think to yourself. As you can no doubt see, it this is not a decision to be made lightly. 41-6a-528 Reckless driving -- Penalty. So thats just a little taste of the different plea choices and why its impossible, without knowing all the facts of the case and talking with the officer and any witnesses, to make a good decision and advise a person about how they should plead. Well, you guys treat people well. Additionally, by not signing the summons, you come across as rude and uncooperative, which is likely a factor that will play into resolving your case. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. Jacob has been our lawyer for 3 years now and he is excellent. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 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 Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. What are the chances of reducing the ticket? In general, you should expect to pay around $350-$500. I plead not guilty, your honor, you stammer. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. 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. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Virginia DUI and DWI; . The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. You should know that dry reckless is different from wet reckless. Virginia Traffic Court: Should I plead No Contest or Guilty? However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Georgia's Reckless Driving Laws and Penalties One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. 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. There are reasons why no self-respecting lawyer would do this to his or her client. How Much Does a Virginia Reckless Driving Lawyer Cost? Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. 29 S Mallory St, Suite 206 Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. In Virginia, reckless driving is a criminal charge that can remain on your record and possibly interfere with your ability to get a job in the future. Testimonials & Reviews: Our Clients Words. Virginia courts penalize reckless driving as aClass 1 misdemeanor. 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. In Virginia, you have the automatic right to appeal any finding by the general district court. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. This means that no matter how light the traffic and no matter how under control your vehicle, it is still reckless driving to drive 85 mph, even in a 70 mph zone, or 20 mph or more over the speed limit. Pleading a wet and reckless driving charge may only be available for first-time offenders. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. Your home states laws will determine whether any offense will apply to your driving record there. 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. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. You must answer the ticket in the same way as in-state offenders. 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. This can be used against you in civil court. 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." . 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. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. The outcome of any trial is not certain. If I Date Someone Else While Separated, Is it Adultery in Virginia? Likewise, showing up and admitting guilt but explaining your circumstances (you were passing another merging vehicle, you were running late for an important event, you were driving safely) will also likely end up in a guilty conviction. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. If your speedometer was off in your favor this could be used to mount your defense. 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. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. What Happens if You Get a Speeding Ticket in Virginia? However, you should note that youll never receive a ticket for improper driving.. If we can't help, we'll do our best to connect you with someone who can. We would want to make them have to do their job and prove it, and maybe they cant prove it. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. 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. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Virginia Traffic Court: Should I plead No Contest or Guilty? There are several steps we typically (though not always) advise Clients to do when facing a 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. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . 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. 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. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. 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.. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. We understand that returning to the state may be difficult and require significant time and expense. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. This field is for validation purposes and should be left unchanged. Fax: (804) 355-8875 Free for Personal Injury & Criminal Defense Only. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. For this reason, you should always speak carefully with officers during traffic stops. Speaking to an attorney allows you to explore your specific circumstances surrounding your charge including but not limited to possible defenses, weaknesses in your case, reduced punishments, and even a reduced charge given your criminal and driving history. When you make a mistake and you cut your arm, please call a doctor. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Schedule your consultation today and lets talk about what we can do for you! Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. 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. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. Also, under most circumstances, speeding carries a maximum penalty of $250. But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. If you qualify for a court-appointed attorney, the judge will also let you know on this day. In Virginia, this is more typically called a no contest plea. A Quick Guide to Virginias Hit and Run Laws. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Northern Virginia Criminal Defense Attorney, Northern Virginia Criminal Defense Attorneys, Virginia Reckless Driving Defense Attorney, Virginia Reckless Driving Defense Attorneys, Former Virginia County Republican Committee Chairman Charged With Child Pornography, Virginia Man Allegedly Abducts Teenage Victim. 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. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Instead, you are asked to sign the summons, which is a promise to appear in court. What Is The Virginia Difference Between Misdemeanor & Felony DUI? 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.