Our Virginia Reckless Driving Lawyer Explains Your Rights After This Verdict or Ruling
You could be sentenced to one year in jail, ordered to pay a $2,500 fine, and have your driver's license suspended for at least six months if you're convicted of reckless driving in our state. Fortunately, you have the right to appeal. Our experienced Manassas reckless driving lawyers at The Wilson Law Firm will advise you whether filing an appeal will help in your case and can file it for you if this is in your best interests.
The Reckless Driving Appeal Process in Virginia Reckless Driving Cases
You could be found guilty of reckless driving for speeding under Virginia Code § 46.2-862 and for many other violations, such as failing to drive for weather conditions or to use your turn signals properly under other Virginia laws. A judge in the district court would decide your first trial. 
If convicted, you have the right to file an appeal to the circuit court. You should consider filing an appeal if you have strong defenses, were unrepresented at your district court trial, or had an attorney who inadequately represented you.
You must file a Notice of Appeal form with the district court to begin your appeal. Once complete, the court clerk notifies you as to when to appear at a court hearing in circuit court.
The circuit court judge will hear your case de novo at your appeal hearing. This means that your reckless driving case starts over again as if the district court trial never happened, and your case will go to trial again. A few differences in the circuit court process include the following:
- Jury trial. You have the right to have your case decided at a jury trial. However, you could have to pay the cost of conducting the jury trial, which is approximately $1,000 if you’re convicted.
- Prosecution. In some jurisdictions, the prosecutor doesn’t get involved in a district court reckless driving case. However, they would represent the Commonwealth if you file an appeal.
- Right to an attorney. You have the right to be represented by a reckless driving lawyer when you file an appeal. If you haven't already retained us, contact our legal team at The Wilson Law Firm immediately after your district court trial for assistance in filing your appeal.
How Long Do You Have to File Your Appeal?
You only have 10 calendar days, including weekends and holidays, from the date of your district court trial to file your appeal to the circuit court. If you miss this deadline, you will most likely be unable to appeal your guilty verdict.
Our reckless driving lawyers will advise you whether an appeal is worth the time and expense to—and will mount a vigorous defense if you decide to move forward with it.