Defenses in Speeding and Reckless Driving Cases
April 16, 2021
Speeding and reckless driving can have significant consequences beyond the fines associated with the ticket. In some situations, there may be defenses available to challenge the charge. To ensure that your rights are protected and that you understand the potential consequences, call a Virginia Criminal Defense Attorney.
What are some of the potential consequences? If you charged with speeding and reckless, then that charge will show up on your driving record if you are convicted. This could affect employment and other opportunities in the future. A conviction could also result in an increase in your car insurance rates and potentially affect the status of your driving privileges.
If you are found guilty of reckless driving, then you face a fine of up to $2,500, up to 12 months in jail, and six demerit points on your driving record.
What constitutes reckless driving in Virginia?
In order to be found guilty of reckless driving by speed in Virginia, the prosecution must show that you exceeded the speed limit by more than 20mph or were traveling 85mph or higher.
What defenses may be available to challenge a speeding and reckless driving charge?
Depending upon the facts and circumstances of your case, there may be defenses available to challenge the charge or cause for a reduction in the charges. A traffic lawyer Fairfax VA can review your case to identify any possible defenses or other mitigating factors.
Some possible defenses may include:
- Issues with the speed detection–when police officers use speed detection equipment, such as radar or LIDAR, they must operate the equipment correctly. Also, the equipment must be properly calibrated and otherwise certified. If issues with the equipment or how the officer obtained the speed reading can be identified, then it could result in a dismissal of your case.
- Violation of Constitutional rights–If any Constitutional rights were violated during the case, then you could have a defense to cause suppression of evidence or dismissal of the case. This could include an unlawful search or seizure, violation of your due process rights, and other infringements on protections guaranteed by the United States Constitution.
- Location–The prosecution must prove that the alleged violation occurred within a specific location. Sometimes they incorrectly identify where the violation occurred.
If there are defenses to your case, then those defenses must be presented in accordance with the applicable rules of procedure and evidence. Because these procedures can be complicated, it is important that you seek out the assistance of an experienced Fairfax traffic lawyer.
Why should you hire a Fairfax criminal attorney?
Because of the potential for significant penalties and consequences, you should seek out legal advice and representation from a reckless driving lawyer Fairfax VA. A criminal lawyer Fairfax VA will provide you with an opinion about what to expect during the process and what strategy will be best for a successful defense.
Throughout the process, an attorney will act as an advocate for you. We will negotiate with the prosecution and seek a favorable result. We will protect your rights and make sure you fully understand the process.
If you are facing speeding or reckless driving, contact Rudolphi Law to learn how we can help.