He hears from the driver of the other vehicle. How Do I Fight A Reckless Driving Charge in Virginia? This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. But then to add insult to injury that police officer who has been very nice throughout the crash investigation informs you that the driver of the other vehicle needs to be taken to the hospital for a possible neck injury, and that he has to charge you with Reckless Driving. Its the most-reviewed Virginia reckless driving resource on Amazon.com. Phone: (757) 656-1000, Virginia Beach He has been great for us, the very best. Reckless driving is a Class 1 misdemeanor in Virginia. Jacob is the Managing Partner of Tingen Law. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. However, you will have a much better chance of winning on appeal if you have an attorney representing you, and they can handle the paperwork. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. Is Now the Time to Request Your Virginia Driving Record? Speeding is a traffic infraction, and it doesn't carry jail time. 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. We provide free consultations for cases in our area. By signing the summons, you are promising to attend your court hearing in your criminal case. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. 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. One is to get your speedometer calibrated at a Virginia auto shop. 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. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. 720 Mall Parkway 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. If convicted, youll usually receive a relatively large fine. The other driver indicates to the court that while he is waiting patiently at the red light on a nice slow and easy day, he saw you careening toward his vehicle from his rearview mirror and it appeared that you were distracted by your radio. 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 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. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. 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. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. 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. That means you wont have a criminal charge on your record, and jail time is off the table, though you will likely receive a fine. 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. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Make sure to attend both your first appearance (if applicable) and your trial date. You only have 10 days to file the paperwork with your local Circuit Court. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. If you have any questions, please contact our firm at (804) 355-8037. 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. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. 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. ", "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. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. You should know that dry reckless is different from wet reckless. Well, you guys treat people well. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. If you have any questions during the stop itself, ask the officer who issued you the ticket. 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. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Contactme today to discuss your cases facts to determine the best option for you! Many Virginia jurisdictions no longer permit wet reckless driving pleas. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law Phone: (757) 260-5996. Confidential or time-sensitive information should not be sent through this form. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. 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. 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. I am a Virginia traffic attorney. If your speedometer was off in your favor this could be used to mount your defense. Motorists who cause severe injuries to another person while . There are several ways to avoid reckless driving charges in Virginia. In Virginia, this is more typically called a no contest plea. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. However, there are certain guidelines you need to follow. We recommend them without reservation to anyone looking for business law services. The higher your speed, the more likely jail time becomes. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. Around Northern Virginia this is a common offense on the I-495 beltway, where the speed limit can drop to 55 mph, even though the normal rate of traffic is at least 75 mph. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. Jacob has been our lawyer for 3 years now and he is excellent. 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] . Reckless Driving is a pretty serious charge. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. 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. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Top Questions to Ask a Virginia Reckless Driving Attorney.