Andrew Flusche, Fredericksburg Lawyer

I was in Stafford General District Court the other day. My hearing (garnishment exemption) happened to be put on the traffic docket. So I got to listen to lots of reckless driving cases.

Like any criminal case, you get to put on a defense when you’re charged with Virginia reckless driving. Sometimes the defenses are pathetic, and sometimes they’re a bit humorous.

One lady stood up and told the judge she had to pee, so she was speeding. It’s actually not the first time I’ve heard the pee defense. And I’ll bet general district court judges hear it all the time.

Generally speaking, a potty break isn’t a valid excuse for breaking the law. You’re expected to abide by the speed limit. If you drive more than 20 miles over the speed limit or over 80 mph, you can be charged with reckless driving in Virginia. There is a criminal defense available if you truly had no choice but to break the law (it’s called “necessity”), but I hardly think the bathroom rises to the appropriate level.

Even with this analysis, the lady in question got her charge reduced to “improper driving.” Reckless driving is a 6-DMV-point misdemeanor. Improper driving is a 3-DMV-point traffic infraction.

What tilted the balance for this lady? Her speedometer wasn’t calibrated properly. She got it fixed and proved it to the judge.

Moral of the story: don’t hang your reckless driving defense on your bladder.

Photo by DDFic