When most people think about reckless driving, they think about behaviors like overtaking too fast and unsafe. In Virginia, however, there is a new category of behavior: reckless overtaking or speeding in the presence of a child.
If the condition of a motorist’s vehicle is considered to be a danger to road safety, the driver must face criminal charges. Whether the vehicle was unsafe or not may well be a subjective matter, but defendants charged with the crime of reckless driving in a vehicle in these circumstances should seek legal help to fight the charges. If you end up getting a misdemeanor conviction because police believe the problem with your car is the result of your driving behavior, Virginia is reckless – driving lawyers can help you defend and negotiate a plea.
Paragraph 46 – 2 – 853 clarifies that a definition of reckless driving includes driving a vehicle that is not properly controlled or has insufficient or incorrectly adjusted brakes. Ruthless driving is part of the operation of a motor vehicle in a manner that endangers life and limb or property.
Since reckless driving is an offence punishable by penalties such as disqualification from driving, imprisonment and fines, prosecutors must prove the charge beyond a reasonable doubt. It can be difficult for prosecutors to do this because there has to be a time when the vehicle is operating. Police must have had a probable cause to drive over a vehicle and carry out some sort of search. However, the police cannot be mechanics during the search, so it may have been difficult to determine whether the brakes were set correctly.
Fighting the charge is one option available to you when you are accused of reckless driving or unsafe driving. An experienced lawyer who has handled cases of both can help you put together a case as to why you should not be found reckless by driving the car in its current condition. Even in this situation, it is possible to provide evidence that the condition of the car parts has been falsified, making driving a vehicle a criminal offence. If a crash investigation reveals braking or control problems, the accident can be followed by charges of “reckless driving” or “unsafe vehicle.” Evidence that you have repaired the defects of the vehicle can help you avoid jail time and convince the prosecutor to reduce the charge. It is also possible to try to find an agreement between the pleas or to obtain a reduced sentence. An experienced lawyer for reckless driving in Virginia can provide you with assistance and advice as you respond to the allegations by trying to retain your license and avoid other serious consequences that may result from driving a car that is considered unfit for road use.