How To Prove You Weren’t Driving Recklessly
False accusations of reckless driving are quite common in Fairfax County, especially when there are usually no other witnesses to the crime. So just how can you fight these false allegations?
Let’s first take a look at what reckless driving is:
Reckless Driving Defined
Reckless driving is considered to be driving with wanton disregard for life, limb or property, according to most legal definitions.
The most common examples of reckless driving entail speeding, disobeying traffic signals, racing, or failure to comply with common rules like coming to a halt at a school bus stop. In the state of Virginia, there are literally dozens of ways a reckless driving offense can play out.
The Catch
If a police officer catches someone in the act of reckless driving, the consequences are dire. For one, it’s a crime and not a simple traffic infraction alone. If found guilty, this conviction can stay on your criminal record indefinitely, with no chance of an expungement (based on Virginia Laws).
How does this crime differ from others in terms of penalties? Even though jail time is a possibility, it’s typically not a part of the sentencing unless there are aggravating circumstances – such as past offenses or injury to others. The fines are anywhere up to $2500 (although they are typically much lower than that), and there’s some possibility of a six-month license suspension for first offenders. Again, this is only applicable for particularly egregious cases.
Challenging the Evidence& Proving Innocence
Take for instance you were written up by a cop for speeding 20 MPH over the posted speed limit. By legal definitions in Virginia, this is considered to be reckless driving.
But what happens if you weren’t actually speeding? How do you prove this?
A third-party speedometer calibration can help prove your case. To dismiss any type of bias, a lawyer can set this up with a credible anindependentfirm. The results can be provided in court.
An experienced lawyer can furthermore come up with even more creative defenses to prove innocence.
Alternatively…
Supposing you actually broke the rules, and all the evidence stacks up against you? Is there any leniency? The answer is maybe and sometimes yes.
A reckless driving offense can be often reduced to an improper driving infraction, which is an infraction versus a crime. The penalties are usually less and limited to five hundred dollars, plus drivers can resume their life – without a criminal record.
Whether innocent or guilty, it’s important to fight these charges to secure a better future. A lawyer can educate drivers on some ways to possibly reduce or dismiss charges for reckless driving in Fairfax.
There are several other ways to attack a reckless driving allegation. Many are fairly technical and involve very specific attacks on the way the officer will prove his case. Any strategy should start with a review of the offense alleged, and the elements required to prove the offense. Make sure that you pay close attention to the officer’s version of what happened and make sure that he covers every portion of the required violations.
Generally, only technical arguments win in Reckless Driving fights. The argument that the officer must have the wrong car is usually not successful. In fact, if you rely on that and ignore other parts of the case, you may have already lost by the time you say your points.
