If you are wondering how you could get out of a reckless driving ticket in the State of Virginia, you should definitely read this blog. The reckless driving charges can sometime be very difficult to prove beyond the reasonable doubt that you have also committed the alleged crime. Each piece of the offence may be used as the potential defense if the commonwealth is unable to present the necessary evidence.
It might sound very simple, but the Commonwealth should be able to prove that the actual offence takes place in the correct city. In numerous cases this might be a formality but not always. Occasionally, incidents might take place close to the border between two specific localities. This might make unclear where the offense actually took place. Sometimes, the officers might also make serious mistakes during their testimony. When they forget to testify that the incident occurred within the right locality the lawyers can present a strong argument and make the judge dismiss the entire case.
The majority of all the reckless driving rules apply only for the highways. Highway is a very complicated legal which means a lot more than just the interstate highway. However, all the roads do not count.
The Actual Driving
To support the reckless driving charges, the Commonwealth should be able to prove that it was actually the defendant who was driving the vehicle. In numerous cases the officer may only testify that he had stopped the car and had identified the driver through the driver’s license. Nevertheless, the driving piece can sometimes be very tricky for the police authority to prove, as the officer on duty rarely ever has the chance to observe the actual incident taking place. Furthermore, if someone has actually stolen your identity and has incurred a ticket under your name, the lawyers will get to argue that you are not the actual person who has committed the crime.
Apart from the general factors of the location, the highway and the actual driving, reckless driving by speed charges might also have some of the specific possible defenses.
- Speed Limit
Even though it might seem pretty basic, but the police authority has the entire burden of proving to the judge the speed limit under consideration. Generally, this is very straightforward, as the state of Virginia laws specify the various limits on numerous roads. Nevertheless, this might not always be the case.
- LIDAR/ Radar Calibrations
In numerous cases where there arises a question of speed, whether you have been charged with speeding or the reckless driving ticket. The police officers have to prove completely that the speed had been calibrated and was accurate on the day when the driver was stopped by the police officer. They furthermore, also have to prove that the speed had been calibrated within the past 6 months. If the officer had made use of a LIDAR gun, he/she should also have a calibration certificate to prove that the actual unit had been calibrated six months prior to the stop.