Reckless driving is considered as a serious offense in Virginia and one with consequences that could affect your criminal record for years to come.
If you believe that you’ve been wrongly charged with reckless driving, let us assure you that you’re not the only one. We get dozens of clients each day arguing that they have been falsely accused of reckless driving. While the state of Virginia has been very proactive in introducing tough laws regarding driving, it has also made it difficult for the traffic police to keep up with the ever-changing laws.
Here are our top five cases that talk about how you might have been falsely accused of reckless driving and how you can fight those charges:
Case #1: The cop wasn’t sure of the county
When charging someone for reckless driving, the Commonwealth is always presented with the task of proving that the offense took place in the county or city that the officer mentioned in his notes. It is often the case that the incident took place on the border of two localities – both governed by different speeding laws. In such cases, the key to fighting your reckless driving offense is simply by questioning where the offense exactly occurred.
Case #2: The highway
So, the officer claims that you were driving recklessly on a highway, but was it really a highway? Most reckless driving laws apply to driving on highways, it can often be difficult for officers to differentiate between highways and other roadways. While a highway is a complicated term to grasp and perhaps a road within a gated community might not be considered a highway, you can easily get such a charge dismissed by simply inquiring about the road in question.
Case #4: False ID
This case is a very serious one. We’ve had a client walk in and tell us how he had been subjected to reckless driving charges when he wasn’t even driving on that day. If you believe that someone had stolen your identity and had incurred the charges under your name, we suggest that you request the court to match signatures and look in other evidence that might suggest that you are innocent.
Case #5: The officer’s speedometer/radar wasn’t properly calibrated
While the law requires officers to properly calibrate their equipment prior taking readings, they often overlook such a sensitive task. Properly examine the officer’s certificates and spot deficiencies in his equipment to fight your case.
Case #6: Car’s speedometer was inaccurate
Believe that your car’s speedometer offered you an inaccurate reading? Didn’t think you were speeding? Have your speedometer calibrated to prove that the officer charged you with driving at an exceeded speed, when your car’s speedometer showed you as being under the set speed limit.