Reckless Driving Lawyer Fairfax, VA
A police officer charging you with reckless driving is no small matter. In fact, some people mistake a reckless driving charge to be as easy to fix or simple as any other traffic violation charge. However, many states classify reckless driving as a misdemeanor, while others—depending on the severity of the situation—classify it as a felony. If a court convicts you of reckless driving, you will face certain punishments, such as license suspension, hefty fines, or even jail, and you will have a permanent criminal record for the rest of your life unless you can successfully argue to get the reckless driving expunged from your record. When a court convicts you of this you could have serious problems getting loans, renting apartments, and even finding your dream job. However, a reckless driving charge does not have to be the end of this story, With the help of an attorney who knows reckless driving laws, you can avoid this conviction with a solid defense. Below, you will find more information on the types of defenses your lawyer might pursue.
What Exactly Is Reckless Driving?
In some cases, you may not be aware that you are recklessly driving until a cop has charged you with a ticket. While the definition of reckless driving varies depending on the state you are in, this charge typically encompasses:
- Disregarding the rules of the road and driving particularly carelessly.
- Depending on your state, driving 15-20 mph over the speed limit for that designated area.
- Speeding in excess of 80 mph, and
- Driving in a way that endangers other motorists on the highway or on a public road.
Are There Any Defenses?
Because there is so much hanging in the balance with this charge, an attorney can be extremely beneficial to your case. They can help you determine the best possible defense for your reckless driving charge.
Defense #1. Driving With Necessity. In certain circumstances, if the driver believed that there was an emergency and that they or another person was in danger, a judge may dismiss your reckless driving.
Defense #2. You Were Not Driving. It is possible that the officer could misidentify you as the driver. If your attorney can raise legitimate questions regarding who was driving at the time and the prosecutor is unable to present substantial evidence, the judge may dismiss your case.
Defense #3. The Officer Violated Your Rights. If the officer takes you in for questioning after you asked for your attorney or if they did not have a probable cause to pull you over, a court may consider this to be a violation of your rights.
Defense #4. You Weren’t In the Officer’s Jurisdiction. If your attorney can prove that your reckless driving happened outside of the officer’s jurisdiction, a court may dismiss your case.
It is never the wrong move to fight back when an officer charges you with reckless driving. That kind of conviction can change your life forever. The best thing you can do in this situation is to research a reckless driving lawyer Fairfax, VA offers at Dave Albo – Attorney who can help with your case.