Drivers involved in single car accidents are typically surprised when the nice Trooper gives them a reckless driving ticket. Unfortunately, it happens every day in Virginia. Even if no one is injured and no there is no serious property damage, you may still be charged with a misdemeanor offense.
Here’s the good news: you may have a winnable case.
The Virginia Supreme Court ruled in Powers v. Commonwealth that the mere happening of an accident is NOT reckless driving. The Commonwealth has to show beyond a reasonable doubt that the driver did something (or didn’t do something) that endangered life, limb, or property.
In many single vehicle accident cases, the only evidence comes from two places:
1. Observations from the officer after the fact.
He’s allowed to testify about the weather, road conditions, location of the vehicle, property damage, skid marks, etc.
Thankfully, this evidence isn’t usually enough to obtain a conviction. In Powers, the car traveled out of control for 900′ including bouncing back and forth across the road. But the court didn’t have any evidence to show why the accident occurred.
2. Statements from the driver.
Unfortunately, this is what hangs drivers up. People love to talk. And those statements typically amount to confessions. In other words, be silent!
Depending upon what exactly you said and the officer observed, we can fight the charge head on. Hopefully any statements the officer obtained don’t provide evidence that you were actually driving in a reckless manner. With the law in Virginia, we may have a strong argument that there’s reasonable doubt as to the true cause of the accident.
Even if we can’t get the charge completely dismissed, many single vehicle accident cases can be reduced to improper driving or another lesser offense.
In other words, call me to discuss your case!