Traffic
citations may be given to a driver for a number of reasons, perhaps a broken
light, expired registration, failure to obey traffic signals, and of course
speeding. These citations can become more serious if the officer deems your
actions as being reckless. Individuals commit the offense of driving recklessly
every day unknowingly. Article 7 of Virginia Code defines reckless driving as “irrespective
of the maximum speeds permitted by law, any person who drives a vehicle on any
highway recklessly or at a speed or in a manner so as to endanger the life,
limb, or property of any person”. Some examples of reckless driving are:
- · exceeding 80 MPH
- · driving 20 MPH over the posted speed limit
- · racing your vehicle
- · passing an emergency vehicle in route
- · failing to slow your vehicle when approaching a hillcrest where the other side is not visible
- · passing a stopped school bus
- · driving with faulty brakes/equipment
- · driving at a speed that is considered unsafe for current weather conditions
- · weaving an older vehicle between lanes at a fast speed
- · driving on a road that is not open to the public
- · driving in the wrong lane
- · operating a motor vehicle while suffering from lack of sleep/falling asleep while driving
- · passing another vehicle at a railroad crossing
Essentially, driving recklessly is
any offense that poses a threat to the life of another driver. When one is
charged with the violation of reckless driving, there are two methods of
defense your attorney is able to use in court. One, they will attack the
evidence attached to your case, and two try to bargain with the judge to why
you do not deserve a conviction as harsh as reckless driving. Regarding the
evidence, if the police officer that cited you did not calibrate their speed
measuring device, or did not have proof of calibration in the proper format,
most likely your case will be a success. In these situations it is always best if you
have a clean record, and completing a DMV driver improvement and/or an aggressive
driving avoidance class will help in your favor. If you are the parent of a
child who has been charged with driving recklessly, it is best to appear in
court with your child and to inform the judge that punitive measures have been
taken at home. Even if you are found guilty of the charge, generally the judge
will lessen your conviction if you have taken these preliminary steps.
If you or a family member
have been charged with a reckless traffic offense in Virginia and would
like a free legal consultation or if you would like more information on a
serious traffic offense please feel free to contact our office at (703)
916-1227 and schedule an appointment at our office in Vienna or
throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/
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