The 10 day timeline includes weekends and holidays. Signing the summons is a good strategy to avoid these negative consequences. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. Second, you should look into taking driver improvement courses prior to your trial. However, you should note that youll never receive a ticket for improper driving.. Also, under most circumstances, speeding carries a maximum penalty of $250. I plead not guilty, your honor, you stammer. Reckless Driving is a pretty serious charge. Waterville councilmember pleads guilty to reckless driving and lying to police. These relationships serve as a benefit in navigating the best path forward for clients. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. This is especially true for repeat offenders. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Virginia Traffic Court: Should I plead No Contest or Guilty? Copyright The Reckless Driving Lawyers 2023. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. We would want to make them have to do their job and prove it, and maybe they cant prove it. Then the court hears from the officer. For a first reckless driving conviction, the Driver License Division (DLD) can suspend the driver's license for up to three months upon the recommendation of the judge. If your speedometer was off in your favor this could be used to mount your defense. No. While the judge may appreciate your candor, it is still an admission of guilt. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. 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. Mr. Wilson is a true professional. 3437 W. Cary St. Richmond, VA 23221 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. Now its the courts turn. How Long Does a Reckless Driving Stay on Record in Virginia? Remember, failing to show up to your court date can lead to additional charges. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. These shops should be able to provide you with a calibration sheet that can be used in Court. However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. Honestly with a lot of cases, with traffic cases like reckless driving and speeding and things like that, a lot of times the officer will have all their evidence in order and the case is more of a question of negotiation, trying to get a better result from the prosecutor or the judge. The next thing he remembers, he informs the court, is that his vehicle was rammed from behind and he had to be transported to the hospital because his neck was in pain. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Complete the form below to receive a free consultation. (1) A person is guilty of reckless driving who operates a vehicle: (a) in willful or wanton disregard for the safety of persons or property; or (b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous . While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. This is one very good reason to speak with an attorney early in your case, as they know how to maneuver your case towards this outcome. . Contact us to see what we can do for you. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. That could involve pleading to a "wet reckless.". If a death occurs as a result of racing, you will be charged with a class 6 felony. What Happens to My Health Insurance Benefits During Divorce in Virginia? 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 . In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. You cannot simply mail in the ticket. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. "Mr. Wilson is unbelievably knowledgeable and professional. 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. As you can no doubt see, it this is not a decision to be made lightly. Am I pleading guilty if I sign a reckless driving 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., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. Reckless driving sentence - Virginia - Keefer Law Firm A common situation where the prosecutor may offer a wet reckless plea is where your blood alcohol level (BAC) was only slightly above the legal limit of .08%. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. 46.2-868. Reckless driving; penalties - Virginia If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. The Virginia Appeals Process. Although consequences of a wet reckless driving charge may mirror the consequences of a DUI or DWI conviction, multiple benefits exist to seeking a plea of wet reckless driving. Am I pleading guilty if I sign a reckless driving ticket? In Virginia, drivers can plead . 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. This is because most states subscribe to the Interstate Drivers License Compact. 46.2-852. Reckless driving; general rule - Virginia 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. Is Now the Time to Request Your Virginia Driving Record? 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. Alvin Kamara, Chris Lammons plead not guilty to battery charges Showing the court evidence of this may also help your case. Reckless driving means driving a car while willingly disregarding the safety of property and people. 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. Many Virginia jurisdictions no longer permit wet reckless driving pleas. You explain to the court that you were not distracted when you hit the other vehicle. Reckless driving is a Class 1 misdemeanor in Virginia. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. The abusive driver laws in Virginia were recently repealed. In return, the court will offer you a plea deal for this much lower offense. 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. Were a Richmond, Virginia law firm with clients from around the world. However, you should still speak with an attorney to double check this information. Jacob has been our lawyer for 3 years now and he is excellent. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. License suspension is mandatory for a . In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 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. 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. Free for Personal Injury & Criminal Defense Only. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. 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. If you qualify for a court-appointed attorney, the judge will also let you know on this day. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. 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. 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.. 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 to Get Reckless Driving Reduced to Improper Driving in Virginia