What Kind of Evidence Can Help in My Reckless Driving Case? There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. While the judge may appreciate your candor, it is still an admission of guilt. However, the costs can change based on the details of your case. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Fill out the form below and well be in touch within 1 business day! You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. What are the Consequences of a Reckless Driving Conviction? The outcome of any trial is not certain. Virginia laws do not statutorily define wet and reckless driving. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. 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. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. The Court listens patiently as you make your best pitch, but then informs you that it is the courts policy to not dismiss or reduce Reckless Driving charges (or Following Too Close charges) where an accident is involved and the defendant pleads not guilty. 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. Contactme today to discuss your cases facts to determine the best option for you! If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. We understand that returning to the state may be difficult and require significant time and expense. . If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. The other choice of plea would be no contest. three and six demerit points to your license. However, a wet reckless charge does not. This means, being found guilty of reckless driving results in some pretty severe consequences: A fine of up to $2500 6 demerit points on your driver's license Suspended driver's license for up to 6 months Up to 12 months in jail While not a valid defense on its own, taking actions to fix the problem will also help your case in court. 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. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. This is why its super important, if you have any kind of traffic case, whether its reckless driving or speeding or DUI or driving on a suspended license, to talk with a traffic attorney. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Our experienced reckless driving attorneys at Simms Showers, LLP serve clients in Leesburg, Loudoun County and Fairfax County and can defend you both initially and on appeal from your reckless driving charge. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. This field is for validation purposes and should be left unchanged. However, a reckless driving ticket isnt the end of the world. 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. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. If you qualify for a court-appointed attorney, the judge will also let you know on this day. . One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. There are reasons why no self-respecting lawyer would do this to his or her client. But that's only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. We go above and beyond in order to provide our clients with the best possible representation. We provide transparent flat fees and flexible payment plans in most cases. You are not pleading guilty by signing the summons. This field is for validation purposes and should be left unchanged. By the time you realized they had not gone forward upon the light turning green it was too late and you made minor impact with the other vehicle. Guilty is a little bit different than no contest. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. GET DIRECTIONS. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. The judge explains that he listened to you and all other witnesses intently. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. In general, you should expect to pay around $350-$500. Jacob is the Managing Partner of Tingen Law. 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. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. Home; Practice Areas . You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Well outline the basics of each of these penalties below. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. That could involve pleading to a "wet reckless.". In return, the court will offer you a plea deal for this much lower offense. It's vital that you make the scheduled court appearance, since failing to appear is a misdemeanor that could result in additional jail time on top of your reckless driving conviction. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News 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. You always look for a way to help your clients. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. Furthermore, a reckless driving charge can come with a fine of up to $2,500, up to a year in jail, a license suspension for up to six months, and an increase in car insurance fees. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. In Virginia, reckless driving is defined as any of the following: Driving over 20 mph over the speed limit, or faster than 80 mph total. You explain to the court that you were not distracted when you hit the other vehicle. 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. 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. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. By providing the officer on scene with additional details, you increase the chance of self-incrimination. 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. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. We would want to make them have to do their job and prove it, and maybe they cant prove it. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. The Commonwealth of Virginia defines reckless driving in many different ways. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. Although consequences of a wet reckless driving charge may mirror the consequences of a DUI or DWI conviction, multiple benefits exist to seeking a plea of wet reckless driving. 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. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. First, depending on your district, you should commit to performing community service before your trial date. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Andrew wrote the book on DWI. What is a standard custody agreement in Virginia? In this circumstance, the nature of your charge is the same, but the procedure in the United States District Court for the Eastern District of Virginia is slightly different.