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It admits that the Commonwealth can prove the charge, but it doesn't admit that you did in fact do what they claim. However, they also have wide discretion to negotiate plea agreements. Some judges may be fair and lenient and reduce or drop the charges easily, but many will not. If your case is not set for arraignment, it will be set immediately for trial (or an "adjudicatory" hearing). But the DMV will definitely require you to complete a driver improvement clinic anytime an underage driver gets points on your license. It's impossible to expunge convictions in Virginia. If you do nothing after being ticketed for reckless driving, you may be found guilty by the judge at your hearing in your absence. Then you should immediately retain an experienced reckless driving attorney.
If You Are Charged With Reckless Driving Your Case Will Most Likely
If you complete this course, your charge will be reduced to improper driving. Arguing with them could result in you being charged with other more serious offenses or receiving a harsher penalty if you are found guilty of reckless driving. Without video tape evidence the State's case is going to come down to the testimony of the arresting officer's personal opinion on why the particular driver was driving recklessly as opposed to just speeding and swerving between lanes on the other hand. I always tell my clients to keep it brief. 2: Arguing With the Officer. It is possible, yes, but it is something we can work and fight to avoid. Our job is to present your injuries and damages to the insurance companies and argue for a fair settlement that accurately reflects the pain and damages you've suffered. Raising your defenses could result in the charges against you being dismissed or reduced to a less serious offense. Make sure you are professionally represented in court, so this possibly simple mistake doesn't follow you forever. Driving recklessly or dangerously in a parking lot. For case evaluation of your exact situation, please call (888) 205-9314 or contact us via the form to the right. If your license was suspended or revoked when you were caught driving recklessly, you could also be charged with a Class 6 felony. Criminal Defense||Juvenile crimes||Homicide|.
There are approximately 16 offenses, such as failing to use a turn signal properly and failing to yield, that are considered reckless driving in our state. The judge may also ask if you have anything that you'd like to say about the case, which can give you a chance to ask for an alternate outcome. 2) You May Have to Serve Jail Time. Rape||White-Collar Crimes|. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3, 000) according to the law.
In addition to that, it carries 6 DMV demerit points which can have a long term impact on your insurance. Eight Mistakes Not to Make in a Reckless Driving Case. It is well within a judge's discretion to reduce the charges to improper driving when the circumstances indicate "the degree of culpability is slight" to sustain a reckless driving charge. Special accommodations. Any behavior that you exhibit while driving a vehicle that shows intentional and reckless disregard for others may be considered reckless driving. You could be cited at any speed for reckless driving if the police officer thinks it was too fast for the situation. Reckless driving deals with how you drive; Aggressive driving deals with your intent when you drive. Passing two vehicles abreast (VCC 46. An Officer's observations of your driving can also result in a reckless driving charge. You'll get a full-fledged trial if you want it, but it's not like you've seen on television. Without proper representation, reckless driving citations could be costly.
If You Are Charged With Reckless Driving Your Case Will Not Work Correctly
Reckless driving in Leesburg is a big deal. To obtain a restricted license, you will need to petition the court with the help of your attorney. With the vicinity of the major roadways, the Courts in jail will impose jail sentences and significant license suspensions where other courts may not. That is why it is vitally essential for you to seek help ahead of time and consult with an experienced Roanoke reckless driving lawyer to get the advice you need and have them defend you by your side in court. Obviously, if you are convicted of reckless driving in Virginia, you face some dire consequences. Roadway markings clearly indicate permission to pass. Up to 1 year jail sentence. What does that mean, exactly? Often, we can negotiate a reduction of the charge down to a speeding ticket which is much better than a criminal charge of "burning" a diversionary program on a reckless driving I Really Need an Attorney? For out of state drivers, this can save you time and travel expenses. What are the Penalties for Reckless Driving in Richmond? Get a case evaluation from our attorneys to find out what your risks are in the Virginia court where you are scheduled to appear.
The possible punishments for a misdemeanor or felony conviction are: - Misdemeanor reckless driving – A Class 1 misdemeanor is punishable by up to 12 months in jail and/or a fine of up to $2, 500, or any combination of the two. Safe Driving Record. On your behalf, a Virginia reckless driving attorney could petition to appear for you in court, saving you time and money on traveling expenses. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record.
You have three choices: - Guilty – admitting that you did it. I don't know what he is talking about! " Again, if you think of a reckless driving ticket as the criminal charge it is, you will have a better understanding of how important it is to take it seriously. Without the assistance of a defense attorney familiar with reckless driving cases, your chances of getting a lighter punishment, reduction of the charge, or dismissal of the case become significantly lower. If you get enough speeding tickets your license could be suspended. Driving an overloaded vehicle that obstructs view or controls. All calibrations of speed determination devices are easily admissible in Virginia due to the rules of evidence. Virginia tickets have a box underneath your signature that says "You may avoid coming to court only if this block is checked and all instructions on defendant's copy are followed. "
If You Are Charged With Reckless Driving Your Case Will Be
If you refuse to sign the summons or the officer has other reasons to believe that you will not appear in court, he will most likely arrest you and take you to the police station to be booked. I-95, I-81, I-66, Dulles Airport Toll Road, and Dulles Greenway each tend to produce a larger number of reckless driving charges by speed. Top Connecticut criminal lawyers will tell you that speeding is only an infraction and generally the worst thing that will happen to you is that you will have to pay a fine and your insurance rates will go up. What is Different About Reckless Driving in Leesburg Court? Hit the high points and keep it to the facts.
Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Most likely, your case will be set directly for trial. We never give up looking for good mitigation arguments, and this past year, we were able to successfully get a reckless driving charge of 121 mph in a 55 mph reduced down to a speeding infraction through old fashioned diplomacy and negotiation. But, if you were convicted of felony reckless driving, you could spend up to five years in prison and pay a fine of up to $2, 500. At the General District Court level, however, they do not have the right to a jury trial. According to Section 46. It is very possible to get the charges reduced down from a criminal offense in many cases. But you will be agreeing to a permanent criminal record that could have implications and consequences in your life for years to come.
The charge of reckless driving is a criminal charge, and will result in a criminal arrest history and if you are convicted you could face up to 30 days in jail, fines, probation and the suspension of your drivers' license for 30 days. If the judge finds the evidence is enough to support some conviction (either reckless driving or a lesser offense, like improper driving), he'll need to impose a sentence. If the officer clocked your speed at close to 80 miles per hour or 20 miles over the speed limit—which are two of the ways you can be charged with reckless driving—GPS evidence can help. If you have a job where a criminal conviction could result in termination, then that is possible. Reckless Driving Answers. Additionally, a ticket for reckless driving will add six points onto your Tennessee driver's license, possibly affecting your insurance rate.
6: Not Understanding the Long-Term Consequences. For a "20mph over the limit" or an "80mph" violation, with no other extenuating circumstances, and in front of a fair judge, this can be avoided. 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. First off, what is arraignment? Have you Received a Traffic Citation in Charlotte, NC? Rental car agencies may refuse to rent you a car. Be sure to ask courthouse personnel, or your attorney, to clarify any rules that are unclear so you are completely prepared for your court appearance. We move quickly to protect your rights and to determine the most effective way to resolve your case. Passing at a railroad crossing under Virginia Code § 46. 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. Virginia Reckless Driving Charge as an Out-Of-State Driver. Virginia calls the prosecutor the "Commonwealth's Attorney. "