I swerved to miss a deer and got a reckless driving ticket

If you’re here because you got a reckless driving ticket due to a deer, welcome. You’re not alone.

In many instances in Virginia, even if you have a single–vehicle accident, the officer will come on scene and end up writing you a reckless driving ticket. This time of year, one of the common things that I hear is “I swerved to miss a deer and ended up going off the road.” Unfortunately, that can be a valid reckless driving charge.

The commonwealth has to prove that you were in fact driving recklessly. Typically this situation is charged under failing to maintain control of the vehicle under 46.2-853. In those cases, the officer will usually provide evidence about your speed, the damage that was done, and any statements you made at the time of the accident investigation. If the evidence is just your statement that there was a deer, you swerved, and you ended up totaling your car into a tree, the judge may not believe you. That’s the problem. The judge may just think that you were going too fast and lost control of your vehicle. But if you testify under oath about the deer and your statements are consistent throughout, the judge might believe it and dismiss the case.

Even if the judge finds you responsible, he doesn’t have to find you guilty of reckless driving. We can argue to have the judge reduce the reckless driving ticket to a lesser offense of improper driving. We could also try to have the case reduced or dismissed with you attending driver improvement school

The good news is that you have options. If you got a reckless driving ticket for swerving to miss a deer, there are ways that we can deal with the charge to help obtain a great outcome in the case.

photo credit: dogs & music

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.

What's Next?

Get Free Answers

Andrew wrote the book on reckless driving. It’s the most-reviewed Virginia reckless driving resource on Amazon.com.

Get Your Free Copy

Andrew wrote the book on DWI. It’s jam-packed full of answers for your case.

Get Your Free Copy

Our special report about driving on suspended explains six critical issues to possibly fight in your case.

Get Your Free Copy


We provide free consultations for cases in our area. If we can't help, we'll do our best to connect you with someone who can.



Contact Andrew & Fitz