The jail time you must serve depends on the circumstances of your case, the evidence against you and the attorney you hire. Reckless Driving is a criminal charge where an officer has full discretion to determine a driver's intent. Driving recklessly or in a manner to endanger the life, limb, or property of another person under Virginia Code § 46. You don't have to ask anything, but that's your one and only chance. It is very possible to get the charges reduced down from a criminal offense in many cases. Having a lawyer who knows how to argue the facts and knows how sympathetic a judge is likely to be to any particular argument is a huge plus, and can save you thousands of dollars. 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 You Are Charged With Reckless Driving Your Case Will Smith
And any employer may hesitate to hire you, or even interview you if they see a criminal conviction on a commonly used background check. Another purely subjective charge. You see the flashing lights and hear the siren. 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? Conviction of felony reckless driving causing death results in a license suspension of 1 to 3 years as well as a prison sentence of up to 20 years. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Schedule a consultation today to learn more. Any time you're in the courthouse, be sure to be on your best behavior. Types of Cases We Handle. However, you would be at a serious disadvantage in court and would not get as favorable of a plea agreement from the prosecutor if you try to negotiate one on your own. Showing the court evidence of this may also help your case. At the arraignment, the judge explains that you're facing the possibility of jail, so you have the right to an attorney. If someone is killed due to your reckless driving, you could be charged with a Class 6 felony. If you are found guilty of reckless driving in Virginia, you may face up to 12 months of jail time and a fine of up to $2, 500.
This law is very broad, which gives the court leeway in determining whether someone is guilty of reckless driving. Any other possible evidence that you can think of that will prove your guilt, the prosecution will use. That's what I focus on primarily. Passing two vehicles that are abreast unless on a one-way street or a highway having separate roadways with three or more lanes of travel under Virginia Code § 46. If you are worried about your court date, do not hesitate to contact Attorney Mykytiuk immediately. It is always worth it to at least talk to a reckless driving defense lawyer about your options for fighting the charge. The DMV will instead report your conviction to your home state DMV. What Is Aggressive Driving? On your behalf, a Virginia reckless driving attorney could petition to appear for you in court, saving you time and money on traveling expenses. By hiring an attorney experienced in Virginia reckless driving law, they can petition the court to appear on your behalf and you may not have to be present. Your speedometer was faulty.
Some jurisdictions are tougher than others, but we commonly see driving 20mph charges across the state up and down I-95, across I-66 and Northern Virginia, I-81 through the Shenandoah Valley, down to Roanoke and beyond, and I-64 through Charlottesville. Do you have to appear? Signing the ticket means: - You are promising to appear in court on the date and time listed on the summons. According to Section 46. If you are convicted of a severe third driving violation in those three years, your CDL could be suspended for 120 days.
If You Are Charged With Reckless Driving, Your Case Will Most Likely Presented To?
One is the John Marshall Courts Building downtown; the other is across the river, the Richmond Manchester Building, which is now on Hull Street. Below an Arlington reckless driving lawyer discusses what someone should be prepared for if they are charged with reckless driving. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. You might think that you have a good argument for why you should not be charged with reckless driving, so you plan to represent yourself in court. If you are going 85 mph or faster you will be issued a misdemeanor summons for reckless driving in violation of 14-222 with a mandatory court appearance date. The criminal penalties do not change based on where you are from.
Will I really be sentenced to jail time for a Virginia reckless driving offense? If an officer observes driving they feel to be reckless, for example cutting in and out of lanes, driving too close to other vehicles at a high rate of speed, or driving that can otherwise be viewed as a risk to life and/or property, you can be charged with reckless driving. Here are common errors you need to avoid making. This is why you must consult an experienced criminal defense lawyer if you face reckless driving charges in Virginia. You must pay $500 in fines, plus court costs. If they're missing a piece at that point, we can argue that the judge should dismiss the case right then. Do not hesitate to contact James E. Short, PLC, if you are charged with reckless driving in the Virginia Beach area. Theft||White collar crimes||Felonies vs. Misdemeanors|. For most reckless driving cases, that box will NOT be checked, and many officers line through the text for good measure. Contact Our Office Today. He'll decide if you're guilty beyond a reasonable doubt and what sentence to give you. Charged with Reckless Driving in Virginia?
If you are charged with reckless driving in Loudoun County, especially in Leesburg, you should expect that your case will be taken very seriously. Your insurance costs would go up.
If You Are Charged With Reckless Driving Your Case Will Be Able
And if a critical piece (such as radar calibrations) was omitted, we should win! Reckless Driving cases are handled in District and Municipal Courts, as they are gross misdemeanors. If you're not happy with the outcome in your first trial, you have the absolute right to appeal the case for a brand new trial in the Circuit Court with a different judge. Bear in mind that if someone is killed because of a drag race, the individual guilty of reckless driving could face serious consequences. D. court of general jurisdiction. However, most of the time you should just listen carefully to what he says.
The maximum amount of time you face for a reckless driving conviction is six months. 3: Not Taking the Charges Seriously. Aggressive driving is a little different than plain old reckless driving. An officer may arrest you for reckless driving if he or she observes you: - Driving a vehicle with improperly adjusted or faulty brakes. On top of the potential jail time, a person convicted of reckless driving shall be suspended by the Department Of Licensing for not less than thirty days. At the end of the case, there will usually be a final argument. Options For Resolving A Reckless Driving Case. Remember that a consultation is free and worth your time. That's because Virginia has some of the harshest reckless driving laws in the country. For the reckless driving per se charges in which the operator was driving 85 mph or greater the situation is somewhat different. Besides not showing up on your criminal record, these violations come with less severe penalties.
Knoxville, TN Lawyers Defend Clients Accused of Reckless Driving. You need a defense lawyer to fight to protect you from this outcome. Passing at a railroad grade crossing (VCC 46. 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. In addition a conviction would have significant effects on your insurance rates for years to come and may result in your insurance company declining to renew your coverage. This public record could very well be available with any google search at some point in the future. Fortunately, we have options to delay that when necessary. Representation in court for most simple reckless driving ticket defenses costs under $1000. In scenario 1, the person has an infraction – a speeding ticket. 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.
Some judges are extremely tough on reckless drivers. If a defendant wishes to not resolve the matter through a Diversion or a Compromise, they always have the right to go to trial. Not only should you remain silent, but you should also call a lawyer as soon as possible. Driving outside of designated lanes. It would be a mistake to think that this arrest is different from any other criminal arrest. The options available to you for mitigating a reckless driving charge will depend on the unique circumstances of your case. However, it is still useful to know all your options before making the important decision of how to proceed in your case. Once the officer finishes, it's your chance to ask him questions.
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