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You are shocked when the officer brings up reckless driving. In many cases, if you hire us you won't have to show up in court. In addition to that, you can be charged in relation to an auto accident, you can be charged in relation to passing a vehicle, you can also be charged in relation to dangerous equipment issues also known as the fault brake statute. The judge may ask the officer for a brief overview of the facts, and you should have an opportunity to briefly say something about the charge. But it is a crime, and it is taken very seriously by the courts. You must pay $500 in fines, plus court costs. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. So the real answer is, it depends. See full text of the law: § 55-10-205. Not only should you remain silent, but you should also call a lawyer as soon as possible. In Tennessee, reckless driving is defined as: - "Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving. 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. I work with my clients in advance to have the facts nailed down, and I research any applicable legal issues to be able to argue them on the spot in court.

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If You Are Charged With Reckless Driving Your Case Will Not Work Correctly

While you may be tempted to represent yourself at your court hearing, the stakes of a conviction are high enough that this option is almost certainly not in your best interests. I do this routinely for clients who are charged with reckless driving by speed at speeds less than 100 mph and 30 mph or less over the speed limit. 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. Also, some judges want you to answer verbally when your case is called; if you don't, your case may be passed until the end of the docket! Why You Need a Lawyer. Overtaking or passing any other vehicle proceeding in the same direction at any highways or railroad crossing intersection. 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. With this type of Diversion Agreement, the Court does not sentence a defendant, the Court merely approves the contract between the parties (the Defendant and the Prosecutor). 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. This law is subjectively enforced, since however much one must slow down is not explicit in the statute, 46. Have you Received a Traffic Citation in Charlotte, NC?

If You Are Charged With Reckless Driving Your Case Will Go

There are so many factors that occur in the early part of your case that can dictate whether you will end up with a fair recovery. If the officer tells you that he is charging you with reckless driving, you should remain calm and not say too much. Having an attorney is often beneficial because they will be well-versed in the laws of Virginia. Same set of facts, but two totally different interpretations. Anything over 95 mph will probably require the use of a diversionary program – usually the accelerated rehabilitation program to get the charge dismissed and save your license. Simply put, it can turn out to be a much harsher sentence than you had imagined! However, if you do this, you will be found guilty and end up with a permanent conviction. Virginia Reckless Driving First Offense. If you are charged with reckless driving in Virginia, you may not realize the serious consequences of a conviction, or that you may have options to lessen them. Your attorney will be able to identify defenses that you have based on the circumstances in your case and will know what evidence you need to prove your defenses. 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. This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines.

If You Are Charged With Reckless Driving Your Case Will Be Able To Serve

If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. If you have a job where a criminal conviction could result in termination, then that is possible. 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. It can affect your license status, insurance rates, ability to cross into certain foreign counties, security clearances, ability to rent vehicles, and most importantly, it is a criminal charge on your record. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. 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. Rape||Reckless driving||Robbery|. Failing to give proper signal (Virginia Criminal Code Section 46. But, for example, if you are charged with a reckless over 85mph in a 55 zone, or 30mph over the speed limit, many judges, particularly in the Fairfax court, will sentence you to a 6-month suspension of your driver's license. Will the prosecutor be involved? Fortunately, we have options to delay that when necessary. You can ask for a court-appointed attorney.

If You Are Charged With Reckless Driving Your Case Will Be Able

An officer may arrest you for reckless driving if he or she observes you: - Driving a vehicle with improperly adjusted or faulty brakes. The judge will explain three options: - You can hire your own attorney. 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. Call our office today to schedule your free, no-obligation consultation. Common violations include the lack of probable cause to stop you, failure to give you your Miranda warnings, and questioning you after asking for an attorney. You will likely discover that the earlier you get an attorney involved in the process, the easier the transition back to normal life. If you are convicted of a severe third driving violation in those three years, your CDL could be suspended for 120 days. Reaching out to a trusted criminal defense attorney can help mitigate these potential impacts. Pleading not guilty doesn't mean you're innocent. Then you should immediately retain an experienced reckless driving attorney. You'll get a notice in the mail of the new disposition, pay the reduced fine, and that will be the end of it. Passing on a grade or a curve (46.

If You Are Charged With Reckless Driving Your Case Will Not Work

They are equivalent to the DA or "District Attorney" that some states have. This public record could very well be available with any google search at some point in the future. The clerks may require you to sign a form before you leave, but you don't have to pay anything on your court date. If you do nothing after being ticketed for reckless driving, you may be found guilty by the judge at your hearing in your absence. This practice is not specified in Virginia law, but some judges see it as necessary to "send a message" to the offending driver. I am certainly not one to judge anyone who seeks to enjoy driving their cars fast under the right conditions.

If You Are Charged With Reckless Driving Your Case Will Most Likely

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. Please contact us online or call our Charlotte office directly at 980. There are a few easy ways to determine if you're having an arraignment: - Check your ticket. Are Leesburg Reckless Charges Heard Before a Judge or a Jury? Procedurally, the case goes onto a long continuance and then ends in a dismissal – there is never a conviction if all the terms are met. You have a number of options for handling your reckless driving ticket, but not all are in your best interests.

Failing to give proper signals. You have the right under the Fifth Amendment to the U. S. Constitution to not incriminate yourself. I can usually tell people if they're set for arraignment simply based on the designated hearing time. This will affect your insurance rates, and any other traffic incidents could result is additional lengthy license loss. You could just pay the citation, that's true. We handle lots of reckless driving charges for out of state residents from Pennsylvania, Maryland, New Jersey, North Carolina, and more.

However, Virginia will report the offense and any imposed suspension or points to your home state. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. But the DMV will definitely require you to complete a driver improvement clinic anytime an underage driver gets points on your license. This statue has several different ways in which you can be charged with reckless driving. Many people who get a reckless driving ticket in Virginia have never had to appear in court before. Passing an emergency vehicle (VCC 46. Roadway markings clearly indicate permission to pass. Stopping on a highway.

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