Virginia reckless driving results sometimes can be converted from DWI charges, says Fairfax DUI lawyer

Virginia reckless driving (VRD) results are never guaranteed in negotiating a DWI settlement. As a Fairfax DUI lawyer, I obtained such a result this week, which was contrarian in this nearby jurisdiction known historically to have prosecutors who rarely offer to convert DWI counts (under Virginia Code § 18.2-266 to reckless driving (under Virginia Code § 46.2-852. This was a great plea deal result that followed on the footsteps of my complete and total trial readiness, as always, and only a day after I filed a supplement to my motion to suppress evidence, that further crystallized my arguments for limiting the evidence to be allowed at trial against my client. To boot, this reckless driving settlement that we reached was better than wet reckless (that adds suspended driving for six months with restricted driving privileges, plus an obligation to complete the Virginia Alcohol Safety Action Program (VASAP)). The only conditions for this plea were to have a one month suspended jail sentence, a year of unsupervised probation, payment of the insurance deductible for the other driver in this collision incident, and payment of modest court costs (under $100). This was a great day in court.

Virginia reckless driving is a Class 1 misdemeanor that still looks better than a DUI conviction

A Virginia reckless driving plea still results in having a Class 1 misdemeanor conviction, which is the category carrying up to a year in jail and a fine up to $2500, with the reckless driving sentencing law also allowing zero days to six months of suspended driving, whereby the defendant may apply for restricted driving privileges. VRD is a six-point offense — which is the highest number of points that one can receive for a Virginia traffic offense — but would not ordinarily harm one’s car insurance rates in the way that a Virginia DUI conviction would. VRD looks better than a Virginia DUI conviction for one’s reputation, security clearance status, military status, health care licensing, and immigration status (for such matters as when one may apply for naturalization). Furthermore, my understanding is that travel to Canada with this and other more “dry” reckless dispositions may be more favorable than with wet reckless dispositions amended from DUI.

Why Virginia criminal defense lawyers need to banish “It has never been done” from settlement negotiations

Contrarian was my result in obtaining this Virginia reckless driving disposition. This is neither the first nor last time that I have reached great Virginia criminal settlement agreements that transcended the usual boundaries of common experience in similar situations. Moreover, in this county it is uncommon for prosecutors to agree to amend to a wet reckless from DWI, let alone the dry reckless result I obtained. The great thing about always being trial ready is that it enables the Virginia criminal defense lawyer to be fully bold in negotiating, because all that is possible to lose is a settlement agreement, rather than going to trial, where the defense lawyer still has the opportunity to win.

Should I seek a Virginia DUI lawyer who can obtain a great settlement, who is great at trial or both?

Your Virginia DUI and criminal lawyer needs to be great at both trial defense and at negotiations. Great settlement negotiations always need to be backed up by full trial readiness, which is the threat for prosecutors to know they will face if they do not settle the case. My above-detailed Virginia reckless driving settlement arose when I was fully prepared for trial and rearing to go for the same.

Fairfax DUI lawyer Jonathan Katz pursues your best defense against Virginia DUI, felony and misdemeanor prosecutions. One visit with Jon Katz is all it takes for you to know not only that you will be in good hands with him, but also for you to feel more knowledgeable and confident about your defenses. Call 703-383-1100 for your free in-person confidential consultation with Jon about your court-pending case.