6 Strategies to Help You Fight a Reckless Driving Charge in Virginia Virginia law states that one is guilty of reckless driving for either driving at a speed of 20 mph or more over the limit OR driving at any speed over 85 miles per hour. Be sure you have prepared your evidence, which will be in the form of witness testimony or exhibits. Dont give them more ammunition by arguing with the arresting officer or talking with the police without your attorney present. Thanks to all authors for creating a page that has been read 366,990 times. was not present at all, but the person who was driving recklessly lied to the police by falsely claiming to be the defendant. Ignition Interlock Devices in Virginia: A Quick Guide, 6 Common Mistakes to Avoid in Your Virginia Larceny Case, Following Too Closely in Virginia: A Quick Guide, How to Reduce a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, Reckless Driving in Virginia: The Ultimate Guide. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. The plaintiff may or may not be represented by an attorney. Reckless driving can also be charged when the lives of those in your car or the lives of others are threatened. In cases where your alleged speed falls on a borderline (like 80 mph) or if you truly believe your speedometer doesnt read correctly, a calibration may be useful for your defense to fight your reckless driving ticket. DUI arrests don't always lead to convictions in court. Contact your state bar association and ask about how to locate and pay for an attorney when you cannot afford an attorney. The 5 best defenses to a charge of reckless driving are that the defendant was not the driver, the driving did not amount to recklessness, the driver was distracted, the radar gun was not used or calibrated correctly, and necessity. If you are charged with a crime, you will have to go to court and defend yourself. Make sure you understand the gravity of your charges before making your decision. Virginia courts are notoriously tough on reckless drivers. Requests for the production of documents, which are formal requests for particular documents. Location It sounds simple, but the . For this reason, its important that you hire a lawyer to see what your best options are for fighting the charges. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Ive seen judges pick up a letter and say, if you want to plead not guilty you need to show up.. Contact me today to begin your defense. One of the first choices you need to make is how youre going to handle the case. Can A Reckless Driving Charge Be Expunged? Usually, however, you can negotiate the charge down to simple speeding, which carries even lower penalties. The first step to contesting your Virginia traffic ticket is pleading "not guilty" to the Virginia district OR circuit court in charge of your case. Email:info@weilandfirm.com Watch on The Virginia Code defines a number of actions as reckless driving. Ive seen people argue that their GPS showed a lower speed than the officers radar, and Ive had many clients tell me that as well. Once you complete the answer, you will pay a filing fee and serve the other party with your answer. These courses are approximately eight hours, and they can be taken in a classroom or online. The Commonwealth has to prove beyond a reasonable doubt that you committed the alleged violation. I had the client get his speedometer calibrated, and then I had him take pictures of the GPS and speedometer together to show that the GPS was reading accurately. The rules of evidence dictate how, why, and when evidence can be introduced in court. The certificate has to meet the requirements in the statute to actually be able to prove that his device was accurate. 2021. In a driver improvement class, you are taught defensive driving techniques that can help you avoid causing an accident. We will give you a free consultation and can discuss our strategy for achieving the best possible outcome in your case. Fill out the form completely and accurately and attach any necessary documents. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. prove the case, and everyone knows of the existence of the documents. To locate a local library, conduct an internet search for the name of your city or town and law library and open to the public. You can ask the law librarian to direct you to the legal resources you need. In addition to knowing the people involved, your lawyer should know the subtleties of defending a reckless driving charge. Chteau Du Breuil Yvain (Orsennes) - All You Need to - Tripadvisor Our attorneys explain the law, penalties and best defense strategies for every major crime in California. The officer cant just guess what happened. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. Depending on your state, either the judge or a jury will make a final decision. If the witness is hostile to your case, then you must highlight their bias so that the jury understands that their testimony may not be completely reliable. This isnt the best defense, but it may help in negotiations with the Commonwealth. The Commonwealth Attorney must prove the charges against you. The one benefit you gain by ignoring the charge is short-term. During a settlement conference, you and the other party will meet with a neutral third party. Careless driving causing serious bodily injury or death is a class 1 misdemeanor. If we can't help, we'll do our best to connect you with someone who can. Include your email address to get a message when this question is answered. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). What Happens If I Miss My Court Date for a Misdemeanor? Things to Know Before Representing Yourself in Your DUI Case - Lawyers.com If your charge is under VA Code 46.2-852 or 46.2- 853, its probably because you were involved in an accident or the officer is just claiming that your driving was generally reckless. How can I defend myself in court after being given a citation for This charge should never be taken lightly. the driving may have been negligent or careless, but was not reckless. Last Updated: December 23, 2022 Youll also have to research the federal or state court rules, which you can get by calling your court. } What Is Reckless Driving in Virginia? A presentation of your defense. Having your speedometer calibrated attempts to show that even if the officer clocked you at X speed, you didnt realize you were going that fast. If an officer cited you for reckless driving by speed, you could also challenge the calibration of the device they used to check your speed. To do so, you should present evidence supporting your story from information you have gathered during discovery. Typically, you'll need to plead in person on the arraignment date printed on your citation. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. February. CASE OUTCOME: Ticket dismissed! Andrew wrote the book on reckless driving. Dont sport coaches review footage of the opposing team before a big game? By signing up you are agreeing to receive emails according to our privacy policy. In some cases, you may be able to have the entire case dismissed by showing that the stop, or the officers conduct during the stop, wasnt by the book. This is one of the reasons you should seriously consider getting an attorney. Go the location where you were given the traffic ticket or speeding ticket. Before you go to trial, try to meet with the opposing party outside of the courtroom to negotiate a settlement so you dont need to learn the ins and outs of the legal system. Are you familiar with the possible defects on a calibration certificate that could get your charge dismissed? Another benefit to hiring a lawyer is that you may not even need to appear in court. Very few reckless driving charges actually go to court, so if you're given the option to plead to a lesser charge, do it unless you feel as though your charges were incorrect and you're innocent. Her responsibility for the accident was fairly cut and dried, and she received a reckless driving ticket. ] In Virginia, a law enforcement officer must have at least reasonable suspicion that a traffic infraction or crime was committed by the driver in order to stop someone. If you just ignore the reckless driving charge, youre facing the full range of consequences and could possibly make the situation even worse. The laws in each state will set the limitations for the type of ticket you receive. For more tips from our Legal co-author, including what to do in your arraignment, read on. Without more, driving above the speed limit does not automatically make it a violation of reckless driving law.3 These instances are often handled with a mere speeding ticket, instead. In this case, the officers radar tuning fork calibration was done AFTER my client was ticket. For this reason, Virginia courts generally treat reckless driving as a Class 1 misdemeanor. Virginia law defines reckless driving in several different legal codes. If youre lucky, at that point, the court will simply send you a bill for a fine. To argue your case, youll have to recreate the events leading up to the accident and provide as much evidence as possible that you werent actually at-fault. Refer to the instructions on your ticket for specifics on how AND where you can submit your plea. What happens in Traffic Court - YouTube For example, a murder weapon cannot be introduced in court if it was found during an illegal search or seizure (i.e., the police did not have a warrant). 6 Tips On How To Protect Yourself From Reckless Motorists - LegalScoops When the police ask for Clarisses identification, she provides the ID of her friend, Amy, instead. Essentially, youll need to show that your speedometer was improperly calibrated, and that you thought that you were driving safely. They consider factors such as the child's emotional and physical needs, their relationship with each parent, and their overall safety and stability. How To Defend Yourself in Court | Office of Justice Programs Also, if someone stole your identity and incurred a ticket in your name, wed certainly argue that you arent the person who committed the offense. } Those are just a few of the issues that I review with a typical client who is charged with reckless driving. You can post bail, plead guilty or make a plea deal and, if you're lucky, you might achieve the same results as an attorney. 2. Since reckless driving is a criminal charge, most people choose to hire a lawyer so they can fight to reduce or dismiss the charges. Virginia Reckless Driving: Out of State Drivers. For example, you may agree to plead guilty to a single charge and in return the prosecution will drop any other charges they have against you. Virginia prosecutors will often support larceny charges using evidence gained from the defendants own mistakes, such as in instances of self-incrimination. wikiHow is where trusted research and expert knowledge come together. Since the officer didnt witness the accident, theyll have to take a statement from each driver about what happened. California Vehicle Code section 23103 VC. Importantly, note that the accident report doesnt really matter in these cases. You always look for a way to help your clients. In 1360, it was made a duchy; Jean, duc de Berry (1340-1416), was an important patron of the arts. GET DIRECTIONS. Convictions for a felony charge carry up to: The vehicle can even be impounded for these serious offenses. If you are caught doing any of these things, the officer who pulls you over is likely to issue you a reckless driving ticket for endangering lives. The court has discretion when it comes to reducing reckless driving charges and sentencing, especially if its your first offense. The choice you make depends upon the goals for your case and your personal needs. Take pictures for your traffic ticket defense After reading the evidence you received via discovery carefully, you should gather your own evidence for your defense. In a civil lawsuit, a plaintiff sues a person that they believe has harmed them in some way and that harm has caused damages. Defending yourself in court can be difficult, but if you learn how the court system works and plan your defense, you might have a chance. This makes plenty of poor driving choices fall short of the threshold needed for reckless driving. For example, this strategy may work if someone causes an accident by blowing through a red light and then blames you for driving recklessly. "name": "SEND A LETTER", Should I Fight My Virginia Speeding Ticket? During trials, the opposing attorney may try to present evidence or question a witness in a way that is not permissible under court rules. In this case, 85% of readers who voted found the article helpful, earning it our reader-approved status. People unknowingly incriminate themselves while telling the officer what happened. Have everything in the order you are going to bring it to the court's attention. Defendants who take the plea deal will not be subjected to some of the penalties of a DUI offense, like a mandatory jail sentence or license suspension. If you have been charged with reckless driving and would like to discuss your charge with one of our experienced attorneys, please give us a call at (804) 355-8037. While it is difficult to represent yourself, there are many things you can do to give yourself the best opportunity to win your case. Dress impressively. You must learn all of the legal names of the participants in a trial. For example, if you have been sued for injuries you are alleged to have caused in a car accident, but you also received injuries that you think were the fault of the other party, you can file a cross-complaint alleging that they should be liable for damages as well. In fact, if you are going to try and interview witnesses or victims, you should hire a professional to do so. Virginia Code 46.2-862 makes reckless driving a class 1 misdemeanor. For more tips from our Legal co-author, including what to do in your arraignment, read on. How to Get Out of Reckless Driving Ticket. This is punishable by up to a year in jail and/or a fine of up to $1000. Each piece of the offense can be used as a possible defense if the Commonwealth doesnt present the necessary evidence. Further, a reckless driving conviction will stay on your driving record for 11 years, and can affect your insurance rates and future job searches. They are there to make sure the court only gets reliable, relevant, and accurate information. Reckless Driving in Virginia: The Ultimate Guide - Tingen Law Here's the deal, it's a fair point, and for many, it is the best advice this article may offer. between 30 days and 1 year of jail time, and/or. He needs evidence. Needless to say, this is not safe. Failing to appear in court is a serious mistake. Spending a few hours in community service is usually worth keeping a criminal offense off your record. If the judge goes that far, he most likely wont be happy when you eventually appear in front of him. Thus, the biggest disadvantage, if you dont have in-person representation, is that theres no way you can properly argue for your case. Also, you can conduct an internet search for the courts name and rules of civil procedure or rules of criminal procedure, and rules of evidence. Most courts provide this information on their website. In any case where theres a question of speed, whether youre charged with speeding or reckless driving by speed, the Commonwealth has to prove that the device they used to measure your speed was calibrated and accurate on the day in question. { I had a client in Stafford County who was involved in a minor accident in a subdivision. Sending a letter is no substitute for having a live person in court to advocate on your behalf. The prosecutor is the attorney that represents the state in a criminal case. Establishing an attorney-client relationship and getting the legal advice of a reckless driving defense attorney is the best way to fight this serious criminal offense. Pro Se litigants are individuals who are a named party in the civil lawsuit or criminal case but are not represented by an attorney. Its the most-reviewed Virginia reckless driving resource on Amazon.com. If the punishment of your crime is straightforward and doesn't often change from case to case, you may decide you are fine taking the punishment as it is. This document is generated through a court. By checking this box and clicking the Submit button below, I agree to the. Its not admissible in court. 2200. If you do not file an answer in time, you risk having the court rule in favor of the plaintiff in what is called a default judgment. There are several different types of reckless driving that you may be charged with. The 5 best and most common defense strategies for a reckless driving charge are: Not all of these defenses will be strong in any given case. Their case will go straight to sentencing, instead. But thats because people dont bring all the necessary proof to the court. In many cases, this is a formality, but not always. Well, you guys treat people well. Please complete the form below and we will contact you momentarily. What to Say in Court for a Speeding Ticket | RatedRadarDetector If a witness changes their testimony, use their deposition testimony to show that they are providing inconsistent testimony. Centre-Val de Loire Links. Berry gave title at various times to French royal princes. Contact My Office Today for FREE Answers, { Charged with Reckless Driving in VA? However, there are disadvantages as well. The interesting thing about the statute and defending speed-related cases is that simply seeing a piece of paper that the officer claims is his certificate is not enough. If you dont say anything to the police, you wont provide statements that will be used against you in court. The judge will generally have the ability to release you on your own recognizance, set bail and send you back to jail until you post the required amount, or refuse to set bail and send you back to jail without the possibility of being released. To file a cross-complaint, find the appropriate form in the same way you found your answer form. The Commonwealth has to be able to point to specific action or inaction by the driver that was reckless. We are Virginia traffic attorneys who have represented hundreds of client in Northern Virginia for cases involving reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. In order to respond, you will have to file an answer. If possible, you should also pull your state driving record and have a copy with you. Settling a case can save you time because you will not have to go to trial. Shouse Law Group has wonderful customer service. Thanks. Give a closing argument. We use cookies to make wikiHow great. This is especially true for repeat offenders. Any statements you make can and will be used against you in court. The judge or opposing attorney will refer to people by these names. Andrew wrote the book on DWI. The charges will be stated. In this article, well discuss six strategies to help you fight a reckless driving ticket in Virginia. Remember that its best not to make any statements to the police until you talk with a lawyer. How Does Reckless Driving Affect Insurance? While it is not recommended, a lot of people can multitask as they drive, speaking on the phone, eating, drinking, and doing all sorts of things-it wouldn't be surprising if you find someone knitting on a long drive. We checked the court paperwork, and the signature on the ticket didnt match his signature. Thats a warrant for your arrest, and it means you will typically be arrested by a deputy in the near future. The prosecutor will look at the facts of the case and the evidence to decide whether to charge you with a crime. This article has been viewed 366,990 times. Doctor of Law, University of Wisconsin-Madison. How Much Does a Virginia Reckless Driving Lawyer Cost? Can You Represent Yourself in Court? | LegalMatch I never ask for the calibrations in advance, since that provides the officer an opportunity to correct defects. "acceptedAnswer": { The school zone signs were 35 mph. as well as the procedures they followed during the stop itself (did they start searching your car?). Child's Best Interests. locate and/or notify the owner of any damaged property. Be professional whenever there are eyes on you. By using our site, you agree to our. For example, in a speed-related case, there are many complicated issues that can arise solely based on the officers calibration certificates. "@context": "http://schema.org", "@type": "Question", The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Seconde Visite des Extrieurs de L'Elgant et Romantique Chteau du Breuil Yvain lors de La Journe du Patrimoine, Le 18 Septembre 2021 ! "text": "\nIf you just ignore the reckless driving charge, youre facing the full range of consequences and could possibly make the situation even worse.\n\nThe one benefit you gain by ignoring the charge is short-term.\n\nYou dont have to worry about it right now, and if youre super awesome lucky (about as likely as winning the lottery jackpot, in my opinion), the officer might not file the ticket, or he might not show up for court.\n\nBut in most cases, ignoring the ticket means you will at least be found guilty of misdemeanor reckless driving." Your lawyer will work to better understand what happened and what the problem was. How do I defend myself in court for child custody? - Law Office of In order to be convicted of reckless driving for passing a stopped school bus, the government must prove: That the school bus was stopped on a highway, private road, or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons. If you are involved in a civil as opposed to a criminal case (discussed below) the plaintiff is the person(s) suing you. ", "Everything was helpful. We mean it! Take a Driver Improvement Clinic One option is to attend a court-approved drivers school to show that you are remorseful for your actions and plan to do better in the future. Finally, settling before trial will give you more control over the outcome because you will not be leaving the decision up to a judge or jury. The next approach you might take to handling your case is to send a letter to the court. Do you know if a driving school or community service is a possibility to earn a break on your charge? Past cases do not guarantee future outcomes.). If they do not have any legal books at jail, you may need to ask for help from someone that is not in jail. The cost of attending traffic school varies, but is generally less than $100. Bring everything you own related to driving. I always say that you need to at least talk with a lawyer to find out what may happen, what the lawyer can do for you, and what it would cost. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. If you were the passenger in a car that was driving recklessly, you can avoid a reckless driving conviction by proving that you were only a passenger. The plaintiff is a person who files a civil lawsuit (a case for money damages) against another person or business. All states entitle individuals facing license suspension to receive a hearing. This is where your attorney can give you valuable information. Getting a ticket for reckless driving can be a sobering moment. "name": "IGNORE THE RECKLESS DRIVING CHARGE", Ive even seen defendants give the judge a calibration that shows their speedometer wouldve been reading higher than the officer alleges. After you finished your defense, you will have a chance to make. We respond to all communications within one business day. YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LjFzbFJrT2FQWHJv, How to Get Out of Reckless Driving Ticket, 4. You can locate the relevant district court website here: If your case is in state court, you can locate the relevant rules by conducting an internet search with your state name and rules of civil procedure or rules of criminal procedure, and rules of evidence.. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Also, you may agree to plead guilty to a single charge and in return the prosecution will drop any other charges they have against you. Confidential or time-sensitive information should not be sent through this form. 2 points being added by the California Department of Motor Vehicles (DMV) to the defendants driving record. The main reckless driving rules only apply on highways. That is a complicated legal term that means much more than the interstate highway. If you have to appear in court during your arraignment, pre-trial hearing, or actual trial, your attorney usually won't put you on the stand . They will not be allowed to raise any of these common defenses to reckless driving. There are 16 references cited in this article, which can be found at the bottom of the page. My questions were answered entirely. However, because you are representing yourself, you may be limited in the amount of information you can see. This may make the jury discount the entirety of the testimony as unreliable. Prosecutors pursuing a DUI case will sometimes offer reckless driving as a plea bargain. How to Defend Yourself against a Lawsuit Where You Need a Lawyer: Zip Code or City: (This may not be the same place you live) Choose a Legal Category: Most Common Issues: Family Employment Criminal Defense Real Estate Business Immigration Personal Injury Wills, Trusts & Estates Bankruptcy & Finances Government Products & Services Reckless driving is a well-defined term. }. This can be a speed that is too high, not controlling your vehicle, or anything else that threatens the lives of those around you.
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