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The sentence may include severe fines or a prison sentence. If you are charged with reckless driving your case will be able. If your attorney is able to show the court a reasonable doubt exists as to your guilt, you will be found not guilty. The clerk's office can quickly tell you if you're set for arraignment or trial. It's admitting that you are in fact guilty of reckless driving as charged. Driving a commercial vehicle carrying a load that is subject to permit restrictions in either of the manners described above.
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If you are facing a license suspension, however, you may have the option of receiving a restricted license. A law that is being enforced more often is the Slow down / Move Over law that requires you to slow down when there is a police, ambulance, fire, or emergency vehicle parked on the right side of the road with lights flashing. There are a few courses available online here and here. Six demerit points on your driving record. This practice is not specified in Virginia law, but some judges see it as necessary to "send a message" to the offending driver. Top 3 Things To Be Prepared For in a Reckless Driving Case. Without proper representation, reckless driving citations could be costly. If you received a traffic citation, you need to speak with an experienced traffic ticket attorney as soon as possible. If it is a multiple lane road, you are required to "move over" to the left lane, if able to do so safely. If your goal is to minimize the penalties, some of your choices will not lead to this result. General District Courts are somewhat informal, especially compared to Virginia Circuit Court.
Reckless driving is treated seriously in Virginia, and you may be charged with this for more than just speeding. Penalties for reckless driving in Tennessee. A warrant may also be issued for your arrest. Reckless driving is a misdemeanor in our state. Not all reckless driving charges are alike, and not all courts and judges treat them the same way. Up to 1 year jail sentence. Fine, jail, and getting home. If you are charged with reckless driving your case will never. Do not hesitate to contact James E. Short, PLC, if you are charged with reckless driving in the Virginia Beach area.
3) A driver improvement course. It can prohibit you from many law enforcement, civil service, and government jobs. Should I just plead guilty and mail in the ticket with payment of the fine? If you are charged with reckless driving your case will smith. A Class 1 misdemeanor is the most severe misdemeanor charge in Virginia, and a conviction can have lasting impacts on your future. It is very possible to get the charges reduced down from a criminal offense in many cases.
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You have three choices: - Guilty – admitting that you did it. Losing your CDL could severely impact your job and your life. And some courts, like Fairfax, may not allow you to negotiate with the prosecutor without a lawyer. Pleading not guilty doesn't mean you're innocent.
Commonly referred to as "Reckless by Speed". Remember that a consultation is free and worth your time. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. 2: Put Your Court Hearing Date on Your Calendar. You do not want to make mistakes that weaken your defenses or make it harder to get the charges against you dismissed or reduced to a less serious offense. I am certainly not one to judge anyone who seeks to enjoy driving their cars fast under the right conditions. Reckless Driving FAQs | Frequently Asked Questions. Failing to give adequate and timely signals when turning, slowing down, or stopping. What have you done wrong? For this reason you should take the charge of reckless driving very seriously and schedule a free initial consultation with a traffic ticket lawyer at the Law Offices of Allan F. Friedman to go over all the details of your case and start working on our plans to get your charges dismissed or fending Reckless Driving Charges.
Every jurisdiction in Virginia has slight nuances in how they handle reckless driving cases. For most reckless driving cases, that box will NOT be checked, and many officers line through the text for good measure. Passing at a railroad grade crossing (VCC 46. Driving an overloaded vehicle that obstructs view or controls. Call our office today to schedule your free, no-obligation consultation. Tennessee Motor Vehicle Habitual Offenders Act. What Are the Possible Penalties for Reckless Driving in Virginia. However, the GPS information must be extremely accurate for this to be useful. Another option would be to appear in court unrepresented and plead guilty or no contest. In scenario 1, the person has an infraction – a speeding ticket. However, there is a different process in which you may petition 10 years after the conviction to have the record sealed rather than expunged.
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95% of our clients who are cited for reckless driving are simply driving over 85 mph which is reckless driving per se. Will I really be sentenced to jail time for a Virginia reckless driving offense? It is never a good idea to ignore a reckless driving ticket. In Virginia, reckless driving tickets are considered a criminal offense, and the potential punishment could be a lot worse than a regular speeding ticket. Rape||White-Collar Crimes|. This is where your attorney's preparation truly shines. Depending on the specific facts of the case, it may be charged as a Class One misdemeanor or a felony. In addition, a Virginia driver can be charged with reckless driving if they are driving in a way that police determine may endanger any person's life, limb, or property, regardless of the applicable maximum speed limit.
Reckless driving in Leesburg is a big deal. At the arraignment, the judge explains that you're facing the possibility of jail, so you have the right to an attorney. When is someone just speeding and when are they driving recklessly? In many areas of the United States the speed limit on I-95 is 75 mph and traffic regularly moves at 85 mph. Your conviction will stay on your driving record for 11 years. Reckless driving is a class 1 misdemeanor.
Any statements you make could be used against you in court. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. It always concerns me when I see non-local attorneys come into the Fredericksburg area courts, trying to find the prosecutor for cases where they don't get involved. Second, discuss with your attorney whether you should take a driver education or driver improvement course.
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When approaching a curve in the roadway. An Officer's observations of your driving can also result in a reckless driving charge. Reckless driving is a misdemeanor offense in the Commonwealth of Virginia. To obtain a restricted license, you will need to petition the court with the help of your attorney. Not guilty – requiring the Commonwealth to prove it. One of the most important steps you can take after you are charged with this crime is to retain an experienced reckless driving lawyer to defend you.
In addition, reckless driving is a misdemeanor offense, and you will have a permanent criminal record if convicted. Showing the court evidence of this may also help your case. When you appear for your trial, the officer testifies as to what occurred, you and other persons involved in the incident may testify, and then the judge decides whether you're guilty based on this evidence and if so, imposes a sentence. It is vital to your freedom not to underestimate a Virginia reckless driving charge and fail to take it seriously. 2-852, reckless driving is defined as: "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.
Likewise, trying to argue that the officer's radar gun was not calibrated properly requires evidence that you can't possibly obtain. So what constitutes "reckless driving, " or driving "at a speed or in a manner [that] endanger[s]... life, limb, or property?