Can I Appeal My Virginia Reckless Driving Charge? Home; About. 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. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. GET DIRECTIONS. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. However, a reckless driving ticket isnt the end of the world. 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. Holcomb Law, P.C. Do you know how hard it is to find a lawyer that you can trust? In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. 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. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. 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. However, you can appeal the outcome of your case and receive a new trial with a different judge. Hello, Im Andrew Flusche. The problem is that question depends upon all the facts and circumstances of your case. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. 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.
Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC However, the law was repealed a year later, and this is no longer a potential consequence. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Instead, the maximum penalty for speeding is usually only a $250 fine. And in most states, this is not admissible in civil proceedings. 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. If youre charged with reckless driving, consult a lawyer immediately.
Reckless Driving VA | Reckless Driving First Offense Attorneys VA You could also ask your attorney if youve already hired one. Possibly. Reckless Driving is a pretty serious charge. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. If you qualify for a court-appointed attorney, the judge will also let you know on this day. ", "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. You are not pleading guilty to reckless driving by signing the summons. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license.
Utah's Reckless and Driving Laws and Penalties In some states, certain acts are automatically considered reckless, such as: It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. We are Virginia traffic attorneys who have represented hundreds of client in Northern Virginia for cases involving reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. 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. And this same decision process is just as important, if not more important, when dealing with other traffic offenses such as DUI/DWI or Hit & Run. 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. Speeding is a traffic infraction, and it doesn't carry jail time. 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. In most cases, you can resolve them by simply paying the associated fine online. Phone: (757) 317-1000, Newport News Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. 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] . An attorney familiar with Virginias reckless driving laws can suggest defenses that may work for your circumstances such as obtaining a speedometer calibration, presenting evidence of a medical emergency, or completing community service to demonstrate remorse for your actions. Its a no-brainer. You can appeal a guilty verdict in a reckless driving case under a couple of conditions.
What are the Advantages of Taking a Plea Deal in Virginia? Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. The 10 day timeline includes weekends and holidays. 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. The DMV will also apply between three and six demerit points to your license. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. We respond to all communications within one business day. Top Questions to Ask a Virginia Reckless Driving Attorney. This is important because some judges have policies that concern what, if any, mercy they will grant an otherwise guilty traffic defendant based on how they plead. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. Reckless driving is a class 1 misdemeanor. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. 6 Reasons a Lawyer Should Fight Your Ticket. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Jacob is the Managing Partner of Tingen Law. Pleading to less serious charges. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. The Commonwealth of Virginia defines reckless driving in many different ways. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. 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. Finally, your attorney can look into a possible amendment to Improper Driving. FREE Virginia DUI/DWI Arrest Survival Guide! He hears from the driver of the other vehicle. "Mr. Wilson is unbelievably knowledgeable and professional. Your appeal will be heard de novo in circuit court. Speak to one of our lawyers now to identify the right solutions. Guilty is a little bit different than no contest.
Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. Well, you guys treat people well. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. It will tell you the date, time, and location of your hearing. If the date is further out, then it is likely your actual trial date. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Please call today to schedule a free, no-obligation consultation. What are the Consequences of a Reckless Driving Conviction? You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. Notwithstanding your utter disagreement with the judges ruling, you explain to his or her honor that you have a perfect driving record and this is the first accident youve ever been involved in and youd like the court to consider reducing this to something less serious than reckless driving. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. This means that it carries the same criminal penalties as reckless driving. What are the chances of reducing the ticket? Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. 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. 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. Hes sorry, he tells you, but he has no choice but to find you guilty. If a death occurs as a result of racing, you will be charged with a class 6 felony. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. In situations where there is difficulty proving blood alcohol levels with certainty, many may seek to reduce their DUI charge to a wet reckless driving charge. Your Virginia reckless driving defense attorney can help you accomplish this. Virginia Reckless Driving: Out of State Drivers. An officer may arrest you for reckless driving if he or she observes you: No. This video explains a little about the different plea options and how we decide together what you should plead. 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. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Make sure to attend both your first appearance (if applicable) and your trial date. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. 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. As the saying goes, anything you say can and will be used against you in a court of law. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Additionally, you may never even need to enter a courtroom. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. 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. How do I plead? you think to yourself. Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. If you get stopped and you get charged with a crime, call a lawyer! 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. 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. This means that, in the eyes of the court, reckless driving is as serious of an offense as assault, impersonating a police officer, and certain forms of arson. 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. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Andrew wrote the book on reckless driving. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Newport News, VA 23693 However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. If you have any questions, please contact our firm at (804) 355-8037. In many cases, I can handle your case through discussions over the phone and email. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. Your case gets called and the judge asks you how you plead. 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. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. 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. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. 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.
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