“Reckless driving” may sound somewhat subjective, and in truth, the general Virginia reckless driving statute is somewhat open-ended:
“Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at speed or in a manner to endanger the life, limb, or property of any person shall be guilty of reckless driving.”
Furthermore, a man might be accused of reckless driving for a similar kind of activities in different areas, including on the premises of a congregation, school, recreational office, business, or administrative property open to general society, a modern office giving stopping to clients, benefactors or workers, and a thruway that isn’t yet open or is shut for development. Since the activities that make driving careless or make a circumstance that jeopardizes other individuals or property will change contingent on the conditions, it might be troublesome for you to decide if you are blameworthy of reckless driving under the law. A Fairfax activity resistance legal advisor will have the capacity to clarify the subtleties of reckless driving charges decide the guards accessible to you.
Particular Actions Leading to Reckless Driving Charges
Notwithstanding the general statute cited above, various specific acts constitute careless driving in Virginia.
Those activities include:
- Inability to yield the privilege of the way when entering an interstate;
- Driving too quick for conditions;
- Driving a vehicle which isn’t under control;
- Driving a vehicle with broken brakes;
- Inability to use suitable signs;
- Surpassing as far as possible by 20 mph or more;
- Driving more than 80 mph, paying little mind to posted speed constraint;
- Driving two side by side in a solitary path;
- Passing two vehicles side by side, aside from under particular conditions; and
- Passing a stopped school transport.
- Guards to Reckless Driving Charges
Depending upon the nature of the reckless driving charge and the specifics of the incident, a range of defenses may apply. General reckless driving by conduct charge or a charge based on driving too fast for conditions by definition involves an element of subjectivity. You and your Fairfax traffic defense lawyer may be able to establish that your actions did not, in fact, create a danger to people or property. Those charged in accident cases resulting in a misdemeanor charge of Reckless Driving by Conduct under Virginia code section 46.2-852 may get it dismissed if the officer cannot point to any specific act or error on the part of the Defendant that contributed to the collision.
Since reckless driving is an offense accusation, the criminal standard of confirmation past a sensible uncertainty applies. Along these lines, if the judge or jury has a logical premise to question that the way in which you were driving jeopardized individuals or property, they are committed to discovering you not blameworthy.
Inability to Prove Location of the Offense
Similarly, as with any movement or criminal offense, the indictment is required to demonstrate that the crime occurred in the territory where the litigant was charged. Regularly, the officer neglects to vouch for this reality at trial. In this situation, a good lawyer will protest and request rejection on a system called a Motion to Strike the Evidence. The judge may then reject the charge, and the litigant will be allowed to run with no conviction on his or her record.