Defense Strategies in Reckless Driving Case

While many traffic violations are administrative in nature, potentially leading to a fine and points on your license, some traffic-related offenses are more serious. Charges such as reckless driving or hit and run are classified as misdemeanor crimes that can lead to fines of thousands of dollars, time spent in jail, suspension of your license and other penalties. If you’re facing reckless driving charges in Virginia, a strong defense strategy is important.

What Is Reckless Driving in Virginia?

Virginia laws on reckless driving say that anyone who is operating a vehicle on the road in such a way that it endangers other people due to recklessness may be charged with reckless driving. This includes, but is not limited to, driving at a high rate of speed. Some examples of behavior that might lead to a reckless driving charge include:

  • Driving with an obstructed view
  • Knowingly driving with faulty brakes or other vehicle dangers
  • Passing at an inappropriate location on the road, such as at a railroad crossing, in a curve, or around a stopped school bus
  • Failing to signal properly
  • Racing on the roadway
  • Driving at an excess rate of speed

It is important to note that Virginia is one of only a few states in which you may be charged reckless driving based solely on your speed.  If you drive 20 miles per hour or more above the posted speed limit or more than 85 miles per hour regardless of the speed limit, you may be charged with reckless driving.

Consequences of a Reckless Driving Conviction in the Commonwealth

If you are convicted on a reckless driving charge, you may face fines, time in jail, points on your license or loss of license and other penalties.

According to Virginia law, if you are found guilty of reckless driving while holding a handheld device such as a cell phone the minimum fine is $250, but depending on the nature of the reckless driving charges, it might be much more.

Important Factors for a Defense Against Reckless Driving Charges

Defending yourself against reckless driving charges is important to protecting your freedom and avoiding the most severe consequences.

Every case is unique, and an experienced criminal defense attorney can help you understand what options you have for a defense strategy. Some of the most common options are summarized below.

Challenge Law Enforcement Observations

While reckless driving charges based on the speed you were driving may rest on evidence such as what speed a radar measured, other types of reckless driving charges can rest solely on law enforcement observations. The law on reckless driving leaves some areas to the discernment of officers and courts, and you may be able to challenge the version of events that support a reckless driving charge.

Some ways to do this include gathering and presenting witness testimony and evidence that discount the observations of the officer or questioning the officer in such a way as to poke holes in his or her narrative. These are tasks your criminal defense attorney can help with if applicable.

Demonstrate an Urgent or Emergency Need

In cases where you were, in fact, speeding or making a driving maneuver that might be deemed reckless, you may be able to avoid charges if you can show there was a clear urgent need to do so. For example, perhaps an officer saw you swerve “recklessly” out of your lane in an area of road that is not meant for passing and without slowing down appropriately. Depending on other circumstances, this type of driving could result in a reckless driving charge. However, if you made this move in order to avoid debris in the road that would have caused an accident, you may have a defense against such charges.

Claim Inadequate Signage or a Mistake of Fact

Since speed-related reckless driving charges can result from driving 20 miles per hour above the posted speed limit, you may have a potential defense if you can show you legitimately thought the speed limit was higher.

For instance, imagine someone is driving along a rural highway with a posted speed limit of 55 miles per hour. They are doing 60 miles per hour. While they are speeding, this would be a very minor traffic infraction.

Without realizing it, the driver enters a small town. At this point, the speed limit on the highway drops to 35 miles per hour. Imagine, however, that the speed limit sign notifying drivers of this change has been damaged in a recent storm and is not currently visible.

The driver continues at a rate of 60 miles per hour, which is enough to earn him or her a reckless driving charge. However, because they had no way of knowing the speed limit changed, they may have a defense against such charges.

Show a Problem With Law Enforcement Procedure

Another potential defense strategy is to demonstrate that law enforcement procedures related to the charge were incorrect. If you can show that the traffic stop did not follow the correct law and procedure, you may be able to get evidence related to it thrown out. For instance, a criminal defense attorney may be able to gather information that helps call evidence into question because it wasn’t handled via the proper chain of custody or because equipment, such as speed-checking radar guns, wasn’t properly calibrated before use.

Options for Negotiating a Lesser Charge

In some cases, a good defense strategy involves negotiating for a lesser charge. Your attorney may use factors such as a previously pristine driving record or mitigating circumstances to negotiate. The result might be that you end up with a speeding ticket or another type of traffic violation instead of the more serious reckless driving charge.

Work With an Experienced Attorney

Working with an experienced criminal defense attorney can help you obtain a more successful outcome in reckless driving charge cases. Call the Law Office of Seth C. Weston at 540-384-4585 as soon as possible to begin working on a defense strategy if you’ve been charged with reckless driving.