Reckless driving in Virginia is a serious misdemeanor, not just a traffic ticket, carrying possible jail time and a permanent record. Given the severity of the potential consequences, how should one prepare a strong criminal defense?
What is reckless driving?
Virginia law defines reckless driving primarily in two ways related to speed. A person is guilty of the crime for driving over 85 mph regardless of the speed limit. It is also a crime to drive 20 mph or more over the posted speed limit. The law also includes driving in a manner that generally endangers life, limb or property.
Seek a reduction to improper driving
The most common goal is securing a reduction to improper driving, which is a noncriminal traffic infraction. Judges have the discretion to grant this reduction if the driver’s culpability is slight. This can avoid a criminal record and lower the demerit points.
Challenge speed measurement accuracy
Another defense can involve questioning the tools used to determine the vehicle’s speed. Virginia law requires that police radar and laser devices must be calibrated for accuracy every six months. If the officer cannot produce the required certificate in court, then the judge may rule the speed reading inadmissible. A driver may also present a certified speedometer calibration report for their own vehicle to show they did not know their true speed.
Present mitigating circumstances
In addition, a driver can use mitigation to persuade the court to impose lighter penalties or grant a charge reduction. They should provide a thorough explanation of the circumstances, such as needing to rush a family member to the hospital for a legitimate emergency. Submitting evidence like a clean driving record or completion of a defensive driving course can also demonstrate responsibility and remorse.
Protecting one’s future
When facing a reckless driving defense, it is essential to explore all options for protecting one’s future. With legal guidance, a driver may better understand the intricacies of the law and safeguard their rights as they undergo the complex defense process.
