In some cases, if you waive your right to an attorney, the judge might ask if you want to simply have your trial that day; however, that isn't normally required. However, speeding becomes less of an accident at a certain point and can turn into reckless driving. In Tennessee, reckless driving is a Class B misdemeanor offense. In scenario 2, the person is saddled with a criminal charge. When you renew your Virginia registration, you'll be charged an additional $350 each year. 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. Options For Resolving A Reckless Driving Case. If you are charged with reckless driving, your case will most likely be presented to a A. court of - Brainly.com. It depends on the number of points you currently have on your driving record, the nature and seriousness of the reckless driving offense, and a number of other factors. Reckless Driving is a criminal charge where an officer has full discretion to determine a driver's intent. 3) It is a Serious Charge and Should Be Treated As Such. However, paying the ticket is admitting guilt, which means you will have a permanent criminal record that will affect your insurance rates, credit, and employment. Same set of facts, but two totally different interpretations. If it is a multiple lane road, you are required to "move over" to the left lane, if able to do so safely.
That's, unfortunately, the way the legal system works. But in other circumstances, it is more common. They need to have all the pieces on the table. The convicted driver can also face a suspended license for one to three years. I can usually tell people if they're set for arraignment simply based on the designated hearing time. If the Commonwealth's Attorney is involved in the case, they may guide the officer through his testimony. Here is what you need to do to protect your rights and defend yourself. Virginia law now defines reckless driving as driving recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person regardless of the speed limit. During the officer's testimony, you (or your attorney) can object to evidence he offers if there is a legal basis to do so. Law enforcement officers pull over thousands of drivers every day for traffic violations, many times resulting in criminal charges for the alleged violations. Reckless Driving FAQs | Frequently Asked Questions. If the officer believes you were driving in any way that was reckless or endangering others on the road, he will ticket you under this law. If you have an arraignment, once you tell the judge what you want to do about an attorney, he'll give you a trial date to come back to court. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal.
To learn more about reckless driving laws in Virginia, read on or contact criminal defense attorney Jay P. Mykytiuk at 202-318-3761 today. If you found this article interesting, CLICK HERE to view more similar articles on our Blog. 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. 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. Many times, traffic infractions can simply be paid ahead of time. What is arraignment anyway? If you are charged with reckless driving your case will be. This could result in the charges against you being dismissed or reduced to a less serious offense through a plea bargain with the prosecutor. Speeding – Driving 80 MPH (VCC 46. You have three choices: - Guilty – admitting that you did it. However, the Virginia DMV cannot suspend your out-of-state license, nor can they put any demerit points on it.
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. For the record, it is possible to have a DUI charge dropped, but have the reckless driving charge remain. Fine of up to $1, 000. If you are charged with reckless driving your case will most likely. An experienced traffic lawyer can often get a Virginia reckless driving charge reduced to a traffic infraction that does not constitute a criminal conviction while appearing on your driving record. This one is purely subjective, based on the officer's opinion of traffic, weather or road conditions.
You cannot identify the defenses that will help you or effectively raise them in court on your own. Here are the ways in which you can violate the statute: As we can see the first two options create a lot of grey area and room for interpretation and discretion on the part of the Police officer when doing a traffic stop. Virginia calls the prosecutor the "Commonwealth's Attorney. What is Reckless Driving in Richmond? | Misdemeanor Defense. " Yes, there are many excellent legal and procedural arguments that may be able get your case dismissed. Pick the Right Option. What Else Do I Need to Know About a Reckless Driving Charge In Virginia?
Though subsequent sections of the Code of Virginia outline actions that specifically constitute reckless driving, the determination as to whether to cite you for driving recklessly ultimately lies with the police officer who stops you. 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. Virginia Reckless Driving First Offense. If you are charged with reckless driving your case will go. At Banks and Jones, we handle every case — simple or complex — with the highest level of skill and dedication. They can be if they're under the influence of alcohol but not charged with DUI or if the officers feel that the person will disregard the summons and not show up to court. Having an experienced attorney who knows how to lobby on your behalf effectively could be the difference between a criminal conviction and a finable traffic infraction. Other penalties for reckless driving – Your license may be suspended by the court, or you may be required to enroll in an alcohol safety program if the court believes alcohol was involved. The dread builds as you realize they're after you. The court may also suspend your driver's license for up to six months.
4: Not Understanding That Speeding Can Be Considered Reckless Driving. In many areas of the United States the speed limit on I-95 is 75 mph and traffic regularly moves at 85 mph. 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. The Trial in a Virginia Reckless Driving Case. Definitely, do not wear shorts or revealing clothing. Be sure to keep it on target.
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