There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. No. In Virginia, reckless driving is a class 1 criminal misdemeanor. However, you should note that youll never receive a ticket for improper driving.. 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. Second, discuss with your attorney whether you should take a driver education or driver improvement course. What is Constructive Desertion in Virginia. 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. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. The 10 day timeline includes weekends and holidays. 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. A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide. Failing to do so is a separate crime, which can result in even more penalties. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. 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. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Pleading a wet and reckless driving charge may only be available for first-time offenders. The Virginia Code defines a number of actions as reckless driving. This law firm website and legal marketing are managed by MileMark Media. 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. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. Making a good impression on the judge is especially helpful in this regard. If I Date Someone Else While Separated, Is it Adultery in Virginia? If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. You explain to the court that you were not distracted when you hit the other vehicle. 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 pretty serious charge. However, you should still speak with an attorney to double check this information. 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. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Its a no-brainer. However, there are certain guidelines you need to follow. "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. Reckless Driving in Virginia. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. ", "I would not hesitate to retain Mr. Wilson again as my attorney." "I would highly recommend him.", Virginia Reckless Driving and Serious Traffic Offenses, Types of Evidence Used in Reckless Driving Cases, Reducing a Reckless Driving Charge to Improper Driving, Plea Bargaining in a Reckless Driving Case. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. You should know that dry reckless is different from wet reckless. What Do You Need to Know about Wet Reckless in Virginia? What To Expect From a Virginia Speeding Case in Court? Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 And in many Northern Virginia jurisdictions (like Fairfax County), the commonwealths attorney (the prosecutor) will not speak with a client who is not represented by counsel. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. How to Get Reckless Driving Reduced to Improper Driving in Virginia Phone:(804) 355-8037 Reckless driving remains on your Virginia driving record for 11 years. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Even if you are guilty of this crime, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense. What Is a Wet Reckless in Virginia? Georgia's Reckless Driving Laws and Penalties That is why it is so important that you work with a knowledgeable reckless driving attorney. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Waterville councilmember pleads guilty to reckless driving and lying to Andrew Lindsey; . Phone: (757) 656-1000, Virginia Beach Jacob is the Managing Partner of Tingen Law. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. 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. 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. If we can't help, we'll do our best to connect you with someone who can. the same criminal penalties as reckless driving. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. I work with all clients to understand their desired result. 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. 46.2-852. Reckless driving; general rule - Virginia For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. As you can no doubt see, it this is not a decision to be made lightly. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. 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. Can I plead not guilty to a careless driving charge? Avoiding jail time. Jacob has been our lawyer for 3 years now and he is excellent. 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. Phone: (757) 317-1000, Newport News Yes. Indeed, pleading not guilty or no contest before such a judge could prove to be a very costly mistake, especially to a person concerned about the affect the reckless driving conviction could have on their driving record, auto insurance rates, employment, or driving privileges. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. What Kind of Evidence Can Help in My Reckless Driving Case? 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. However, most first-time offenders can avoid jail by instead performing community service. Reckless driving is a crime. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Marvel Monologues 1 Minute, Articles P