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As Americans, we tend to spend a significant portion of our days driving. We may use our vehicles to drive to school, work, run errands, attend appointments, or visit loved ones. Unfortunately, anyone who spends a significant amount of time on the road is bound to make mistakes now and again. Not all drivers that are arrested on suspicion of reckless driving are guilty. Sometimes, a driver was simply caught in an “off” moment. However, the fact that an individual is ordinarily an excellent driver is no reason to treat a reckless driving charge lightly.
Anyone who faces a criminal charge for reckless driving should seek assistance from an experienced Fairfax, Virginia felony traffic violation lawyer as soon as possible. Dave Albo – Attorney may use any of the following defense strategies to help protect the accused from a conviction and enduring overly harsh punishments:
#1 Argue You Were Not Being Willful
In order to be categorized as reckless, the prosecution must show that you were acting in willful disregard for the safety of others. There is a fine line between making a road error, and intentionally risking the safety of drivers and pedestrians around you. If the prosecution does not have clear-cut evidence that you were acting with intent, then your case may be dismissed. This is one of the strongest possible defensive strategies a Fairfax, VA felony traffic violation lawyer may employ on your behalf.
#2 You Weren’t Driving the Vehicle
While this may sound silly to some, this strategy can be effective in situations where the officer did not ask you to identify yourself. Those who are arrested are innocent until proven guilty. So, unless there’s evidence that shows beyond a reasonable doubt that you were the driver, you may not have a case against you.
If during the car crash you were ejected from the vehicle, your attorney could argue that you weren’t the one driving. If the officer had only arrived at the scene after you were tossed out, then the prosecution may lack enough evidence to show you were the one in control of the vehicle.
#3 Emergency or Threat of Safety
Emergencies do happen. Perhaps you were racing to the hospital because your loved one was sick, or your partner was in labor. When a loved one is in need of help, it can motivate a person to run a stop sign or speed to get there as quickly as possible. If the supposed reckless driving was needed due to a real emergency, then your Fairfax, VA felony traffic violation lawyer may be able to get the charges dropped or at least minimized.
If you were driving because you thought you were in danger, share this with the court. Any proof you have that shows your own safety was at-risk, share it with your attorney so it can be brought forward in your defense. Maybe another driver was road raging at you or you were being followed by another vehicle. If this is the case, try to remember everything you can about what the driver looked like, license plate number, vehicle type, etc.
#4 Negligent, Not Reckless
You could defend that you were being more-so negligent and not purposefully driving to put others in danger. Exceeding the speed limit by five miles per hour or failing to stop completely at a stop sign which led to a minor collision, is more in the realm of negligence and not recklessness. Depending on the circumstances of your situation, a Fairfax, VA felony traffic violation lawyer may be able to get your charges reduced to negligence, even if he cannot get them dropped.
