How do I Beat This Reckless Driving Charge?

published by Andrew Flusche on July 2, 2013

open road

First of all, you have to understand that most reckless driving tickets in Virginia simply won’t be beaten and dismissed completely. There are over a dozen different versions of reckless driving in Virginia and due to the very nature of all the statutes, it’s hard to discuss all of them in one article. But we can look at the main ones, which are mainly reckless driving by speed, reckless driving and failing to maintain control of your vehicle and reckless driving the general rule.

In most cases for speed, the Commonwealth doesn’t have to prove a lot to prove that you were reckless driving. They have to prove that the officer’s equipment was calibrated accurately, that he clocked you, and that his equipment read the alleged speed. There’s a few other things they have to prove, but those are the basics. If the Commonwealth can prove the basic pieces of the case then typically it’s not a case that will simply be beaten. What we can do in many cases is try to get it reduced to a lesser offense or maybe even dismissed with driving school. But unless there’s some type of legal issue with the calibration paperwork or something like that, reckless driving by speed cases won’t normally be dismissed on the merits.

For reckless driving accident cases, it’s a little bit different. In these cases, the Commonwealth has to prove that you did something that was reckless basically. In some cases where it’s a single vehicle accident, if you made no statements to the officer, and the only evidence indicates that your vehicle was not in the road, Virginia law says that is not reckless.

The trooper will still probably write you a ticket. But if there are no statements and there’s no evidence of bad driving, that’s just not enough for the Commonwealth to prove beyond a reasonable doubt that you were driving recklessly. That just proves that your vehicle went off the road. And there are many, many explanations for why a vehicle could’ve gone off the road. In those cases, you might be able to beat the reckless driving charge.

Finally, for reckless driving general cases, they cover such a wide array of facts and situations that it’s hard to say whether or not we could beat the case without knowing your specifics. The Commonwealth has to prove beyond a reasonable doubt that you drove recklessly. In some of these cases, they have strong evidence of reckless driving. But even in those cases, we can argue to the judge to reduce the charge to a lesser offense.

As you can see, we have options for reckless driving charges in Virginia. But it might not be a situation where we can simply beat the case. This is another reason why it’s critical to contact me and I will work to get you the best possible result.

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