2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. No. 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 . 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. 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. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. 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 I Date Someone Else While Separated, Is it Adultery in Virginia? First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. You can also ask for a jury trial, but you may have to pay the costs for it. You cannot mail in the ticket before court in Virginia because the judge has discretion in deciding your penalty depending on the facts and circumstances of your crime. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. You could be sentenced to jail if you are convicted of reckless driving. Pleading a wet and reckless driving charge may only be available for first-time offenders. The Commonwealth of Virginia defines reckless driving in many different ways. However, you should still speak with an attorney to double check this information. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Speeding tickets are traffic infractions, not misdemeanors. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. No. 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. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. Under Virginia law, if the driver of that other vehicle decides to sue you for money as a result of the accident and you entered a guilty or no contest plea to the Reckless Driving charge, the other drivers civil attorney may try to use that plea against you as an admission of guilt. This could have a negative impact on future prospects, including employment. 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. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. I work with all clients to understand their desired result. That could involve pleading to a "wet reckless.". We provide transparent flat fees and flexible payment plans in most cases. An attorney experienced with VA reckless driving defense can help you prevent that outcome. 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. three and six demerit points to your license. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. It happens to the best of us. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. I wouldnt be in school right now if it wasnt for Jacob and his team. 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. 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. However, you should note that youll never receive a ticket for improper driving.. However, the costs can change based on the details of your case. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. One very common example of charge bargaining in Virginia relates to reckless driving. While an officer can arrest you for the offense, they usually do not. 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. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. Its the most-reviewed Virginia reckless driving resource on Amazon.com. 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. Your appeal will be heard de novo in circuit court. If charged with a DUI or DWI in Virginia, it may be possible to reach an agreement by pleading a lesser charge of a wet reckless driving. How is this possible? No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. 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. 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. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Reckless driving is defined by the Code of Virginia, and though it deals with traffic infractions, it is a criminal offense rather than a moving violation. 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 actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. 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. What is Constructive Desertion in Virginia. 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. 11815 Fountain Way, Suite 300 After all, youre a model citizen who works hard, raises a family and has never been in trouble before. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. 720 Mall Parkway Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. Virginia Reckless Driving: Out of State Drivers. This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge.
