You should definitely consult with an attorney to determine if your appearance can be waived. Will I really be sentenced to jail time for a Virginia reckless driving offense? However, you could be charged with reckless driving instead of speeding if you are driving over the posted speed limit—even if you are only driving 15 mph over it. As mentioned, this is a criminal conviction and results in you having a criminal record. If you don't pay on time, your license will be suspended for non-payment. If you do speak, be sure you're actually asking him a question. Failing to follow traffic signals or signs. Because of the seriousness of Virginia traffic laws, drivers charged with reckless driving should speak with a Virginia traffic attorney who has experience defending traffic offenses. In most reckless driving cases hiring an experienced Stamford criminal attorney to handle your case can make the difference in having the matter dismissed or reduced down to a lesser Retain the Law Offices of Allan F. Friedman?
The default rule for reckless driving is that you have to appear in court. 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. It admits that the Commonwealth can prove the charge, but it doesn't admit that you did in fact do what they claim. Also known as a work license or a hardship license, this type of driver's license permits you to drive under specific restrictions. If you are convicted, you could face harsh penalties and long-term consequences in your life. An Officer's observations of your driving can also result in a reckless driving charge. What Happens If You Refuse to Sign a Reckless Driving Ticket?
Your appearance is necessary in court on the date listed on your ticket unless other arrangements are made between you and your Virginia reckless driving attorney. Your best option is to retain an experienced traffic law attorney who has a record of success in handling reckless driving cases. While community service is not evidence that will help prove or disprove a fact in your case, it may help reduce the penalties you face if convicted of reckless driving. Even if you are not arrested, it's important to recognize that reckless driving is a Class I misdemeanor and can lead to steep fines, points on your license, and even jail time. If the defendant abides by the terms of the contract, the Trespassing case is typically dismissed at the end of the agreed upon term. This will affect your insurance rates, and any other traffic incidents could result is additional lengthy license loss. It is very possible to get the charges reduced down from a criminal offense in many cases. It can prohibit you from many law enforcement, civil service, and government jobs. If an individual is convicted by a judge in the General District Court and choose to appeal that decision, they may elect to have their case heard by a judge or a jury at the Loudoun County Circuit Court.
If you are pulled over by the police, you should limit what you say to the officer. What Else Do I Need to Know About a Reckless Driving Charge In Virginia? Typically, however, someone charged with Reckless Driving will be released on a summons-meaning that you're free to go after signing the summons that promises that you will appear on your court date. What to Do With a Reckless Driving Ticket. IT can have a long-term impact on your career, driving privileges, and any security clearance you have. Some judges are extremely tough on reckless drivers. I've Been Charged with Reckless Driving, What Should I Do First? Passing an emergency vehicle (VCC 46. If you do nothing—you don't pay the ticket, and you don't appear in court—you will be found guilty in absentia, and the judge will issue a sentence. In many of Virginia's more rural jurisdictions, the prosecutor's office is too understaffed to handle every traffic offense that comes through the court. It may say "arraignment" near the court date area. For standard violations the Court typically imposes high fines that come with significant 6 DMV demerit points.
The court may also suspend your driver's license for up to six months. Knoxville, TN Lawyers Defend Clients Accused of Reckless Driving. If you think you were guilty of reckless driving, you may be tempted to just plead guilty and accept your punishment at your court hearing.
You are able to challenge the case based on the elements. To arrange a consultation with one of our experienced defense attorneys, please call 865-546-2141 or fill out our contact form. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. There are times when you believe you have a valid explanation for your actions, but in many cases, what you believe to be a rational reason for your actions is not a legal defense. So what constitutes "reckless driving, " or driving "at a speed or in a manner [that] endanger[s]... life, limb, or property?
If you get jail time, you will be immediately put in the custody of the sheriff to serve your time. The criminal penalties do not change based on where you are from. Here are common errors you need to avoid making. Driving recklessly in a parking lot under Virginia Code § 46. What Is Aggressive Driving?
What is Reckless Driving in Richmond? If you do nothing after being ticketed for reckless driving, you may be found guilty by the judge at your hearing in your absence. Reckless driving is not only a traffic infraction — under the Code of Virginia § 46. Any time you're in the courthouse, be sure to be on your best behavior. If you have a clean driving record, you can use this to show your commitment to safe driving. 8: Not Retaining an Attorney.
In most cases, law enforcement will give more leeway to drivers who display aggressive behavior when it is an accident, such as not yielding to other cars in a crowded parking lot and causing a collision. Virginia law mandates that in this case, a penalty can rise up to 20 years in prison, while a mandatory minimum is one year served. Driving next to another vehicle on a one lane roadway. W I N D O W P A N E. FROM THE CREATORS OF. What is Different About Reckless Driving in Leesburg Court? For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Unless you are being charged with felony reckless driving for injuring or killing another person, you will probably be released and ordered to appear before a judge at a later date. First off, what is arraignment? Should I just plead guilty and mail in the ticket with payment of the fine? Safe Driving Record. It is quite possible that a jury would feel that going 90 MPH on the highway is NOT a "willful or wanton disregard" for the safety of people or property. A "no contest" plea fits in the middle, in my opinion. If you have hired an attorney, there may be a few other parts to your reckless driving trial. After the Commonwealth's evidence is submitted (typically just the ticketing officer's testimony), the Commonwealth must have laid out a basic case that you committed reckless driving.
I recommend at least business casual attire. This public record could very well be available with any google search at some point in the future. Update: The Virginia abusive driver fees law has been repealed. You may or may not have to appear in court, you may only have to pay a fine, and the offense may have only minor impacts on your driving record, such as three, four, or six points on your license.
Charged with Reckless Driving in Virginia? Passing at a railroad grade crossing (VCC 46. Maybe you can get the same results on your own, but you really won't know until it's too late to do anything about it. Types of Evidence That Can Help Build a Strong Defense to Reckless Driving Charges. Reckless Driving Offenses and Penalties in North Carolina.
But in other circumstances, it is more common. A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. Racing was on private property or with permission from the landowner. When you're in court, whether or not you have an attorney, you should conduct yourself appropriately.
In scenario 2, the person is saddled with a criminal charge. Reckless Driving is a criminal charge where an officer has full discretion to determine a driver's intent. If the Commonwealth has video surveillance-like a dash cam, or a highway camera, they will also use that. Commonly referred to as "Reckless by Speed". Your GPS information establishes that you were driving slower than the police claim.
While many times the crime involves speeding, this is not always the case. What are some reckless driving defense strategies that could help me?