[Video] 2 Kinds of Reckless Driving Charges You Can Get in the Rain

Find out what they are and which one you could even avoid simply by not giving the police any details. Contact me today for your VA reckless driving case.

Video Transcription

If you got a reckless driving ticket in the rain, you’ve come to the right place.

Hi, I’m Andrew Flusche. I’m your Virginia reckless driving attorney, and today I want to talk to you about reckless driving tickets in the rain. There are two main kinds of reckless driving that you might see come out of a rainy day. One is reckless driving for failure to maintain proper control of your vehicle. This is written under 46.2-853, and this is the ticket that a lot of people get in the rain if you just go off the road. These accidents happen quite frequently where someone slides off the road in the rain. The police officer comes along, even though you didn’t call the police, nothing’s hit or damaged, they’ve come along and find you on the shoulder, and lo and behold, you get a reckless driving ticket.

Those tickets definitely can be defended. Now I can’t say that we can win them all, but in those situations, if you don’t tell the police what happened, if you keep your mouth shut, they don’t have any witnesses, all it is is a vehicle off the road in the rain, that case should be dismissed because the Commonwealth cannot prove why the accident happened or how it happened.

However, if you start talking to him about how fast you were going and that you lost control of the car and that you hit a puddle or whatever happened, now all you’re doing is giving the police evidence that they can use in court to try to prove that you were driving too fast for conditions or in some kind of reckless manner that caused you to go off the road. Now the judge has something to point to say, well this is why I’m going to find you guilty of at least improper driving.

The second kind of reckless driving ticket in the rain you might see is reckless driving for going too fast for road conditions. This is kind of a catch-all reckless driving by speed statute. There’s no specific speed to go to be guilty of this, and so it lends itself to a defense of basically arguing that you were going plenty slow enough for the road conditions. These tickets can be issued even if you’re not actually speeding, not actually going faster than the speed limit. The officer can still charge you with too fast for conditions because technically the speed limit is the limit for perfect road conditions, for good conditions. If it’s raining very hard and you’re going just at the speed limit even, the officer could argue that that’s a reckless driving case.

However, our argument would be that reckless driving requires a criminal mindset essentially. It requires you to recklessly disregard other people’s safety, not just to go a little too fast, but to really be recklessly not concerned about anyone’s safety other than just getting where you’re trying to go. We could argue in those cases that you’re simply not guilty of reckless driving for going just a little bit too fast.

If you’re charged with reckless driving in the rain, you should definitely contact me so we can have a free case strategy session and discuss what defenses you may have and what kind of outcome we might can get working together.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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