Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Even if you live in another state, you might have to show up in the Virginia court listed on your ticket on your assigned day. Reckless Driving in Virginia. As the nice officer hands you the summons for Reckless Driving with a court date for you to appear and plead your case to the judge he waves politely and tells you to have a nice day. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. 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. 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.. As Virginia traffic lawyers, we are often asked by clients and prospective clients whether it is best to plead guilty or no contest to a traffic offense such as reckless driving, driving under the influence (DUI/DWI) or speeding. The Virginia Code defines a number of actions as reckless driving. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. 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. You can also ask for a jury trial, but you may have to pay the costs for it. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. If your speedometer was off in your favor this could be used to mount your defense. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. Reckless driving means driving a car while willingly disregarding the safety of property and people. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Hello, Im Andrew Flusche. If your reckless driving charge is a result of racing, you face enhanced penalties, including a license suspension of up to 2 years and the possible permanent seizure of your vehicle. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. You cannot simply mail in the ticket. Typically most wet reckless driving charges result in the following: For this reason, many people charged with DUI often seek out the possibility of reducing their charge to a wet reckless. The higher your speed, the more likely jail time becomes. Its jam-packed full of answers for your case. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. However, you should note that youll never receive a ticket for improper driving.. 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." . This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. Top Questions to Ask a Virginia Reckless Driving Attorney. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). In many cases, I can handle your case through discussions over the phone and email. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. Reckless Driving by Vehicle not Under Control, Driving a vehicle with improperly adjusted or faulty brakes, Driving an overloaded vehicle that obstructs view or controls, Driving next to another vehicle on a one lane roadway, Driving too fast for highway and traffic conditions (regardless of the posted speed limit), Speeding over 20 mph in excess of the speed limit, or driving faster than 80 mph regardless of the posted speed limit, Endangering a person or property on driveways or parking lots open to the public, Up to 6 months suspension of driving privileges, Acting under the instruction of a traffic enforcement officer or directing officer, Roadway markings clearly indicate permission to pass, Highways had the appropriate number of lanes to permit the act, Your vehicles speedometer was not calibrated properly, or the radar/Lidar device was not calibrated properly, You passed only a motorcycle, moped, or bicycle, Racing was on private property or with permission from the landowner, A clean driving record and character references, School bus was stopped for a reason other than loading or unloading, You were unaware of your vehicles defects and had them repaired soon thereafter, Failing to follow traffic signals or signs. A plea of no contest, on the other hand, contains no admission. Your home states laws will determine whether any offense will apply to your driving record there. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Now its the courts turn. You are not pleading guilty to reckless driving by signing the summons. If you get stopped and you get charged with a crime, call a lawyer! Complete the form below to receive a free consultation. 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. And in most states, this is not admissible in civil proceedings. 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 general, you should expect to pay around $350-$500. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. 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. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. By providing the officer on scene with additional details, you increase the chance of self-incrimination. Testimonials & Reviews: Our Clients Words. three and six demerit points to your license. Were you or a family member charged with reckless driving in Virginia? If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. Do you know how hard it is to find a lawyer that you can trust? Brunswick County Va Reckless Driving Lawyers, Bowling Green Va Reckless Driving Lawyers, Caroline County va Reckless Driving Lawyers, Chesterfield County Reckless Driving Lawyers, Colonial Heights Va Reckless Driving Lawyers, Dinwiddie County Va Reckless Driving Lawyers, Greensville County Va Reckless Driving Lawyers, Henrico County va Reckless Driving Lawyers, Lawrenceville VA Reckless Driving Lawyers, King George County Va Reckless Driving Lawyers, Mecklenburg County Va Reckless Driving Lawyers, New Kent County Va Reckless Driving Attorneys, Prince George County Reckless Driving Lawyers, Spotsylvania County Va Reckless Driving Lawyers, Stafford County Va Reckless Driving Lawyers, Sussex County Va Reckless Driving Lawyers. 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. The Notice of Appeal form will list a date . . That is why it is so important that you work with a knowledgeable reckless driving attorney. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. 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. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Its the most-reviewed Virginia reckless driving resource on Amazon.com. These penalties are commonly referred to as collateral consequences. Your appeal will be heard de novo in circuit court. Visit our site today for more information. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. 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. What are the Consequences of a Reckless Driving Conviction? You were driving on the day of the offense. Newport News, VA 23606* The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. (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 . Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Your case gets called and the judge asks you how you plead. Andrew wrote the book on reckless driving. In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. How is this possible? In addition, you may not prepay reckless driving citations in Virginia. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. All Rights Reserved. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. . This means that it carries the same criminal penalties as reckless driving. In most cases, you can resolve them by simply paying the associated fine online. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. First, look at the charges or law section part of the ticket. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. When you plead guilty, you are agreeing to a criminal recordfor life. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. Our special report about driving on suspended explains six critical issues to possibly fight in your case.