Below an Arlington reckless driving lawyer discusses what someone should be prepared for if they are charged with reckless driving. Schedule a consultation today to learn more.
1) Reckless Driving is NOT a Traffic Infraction
First of all, if you are charged with Reckless Driving, you should understand that it is a misdemeanor and not a traffic infraction and be prepared to deal with being charged with a crime and not a traffic infraction.
2) You May Have to Serve Jail Time
Secondly, if you’re caught going 90 miles per hour or above, you can expect that your sentence will most likely include a period of active incarceration meaning you will do a day or more in jail depending on the speed
3) It is a Serious Charge and Should Be Treated As Such
And lastly, you should know prosecutors take these cases very seriously as do judges. Prosecutors don’t typically look to break these charges down without some really good reasons to. People charged with reckless driving often think “it’s just a traffic infraction no big deal”. But it is a crime, and it is taken very seriously by the courts. IT can have a long-term impact on your career, driving privileges, and any security clearance you have.
Typically drivers are not arrested in reckless driving cases. They can be if they’re under the influence of alcohol but not charged with DUI or if the officers feel that the person will disregard the summons and not show up to court. Typically, however, someone charged with Reckless Driving will be released on a summons-meaning that you’re free to go after signing the summons that promises that you will appear on your court date. and then you’ll have to come back to court.
The type of eyewitness evidence that is presented by the Commonwealth is typically from the police officer who issued the summons in combination with other witnesses on the road. If you are charged with Reckless Driving due to driving behavior that resulted in an accident the people that were involved in the accident will almost certainly testify. If the Commonwealth has video surveillance-like a dash cam, or a highway camera, they will also use that. Any radar or laser device that tracked your speed will be used and if your speed was determined by the police officer pacing your vehicle, the speedometer calibration will be admitted into evidence. All calibrations of speed determination devices are easily admissible in Virginia due to the rules of evidence.
Any other possible evidence that you can think of that will prove your guilt, the prosecution will use. That includes any statements you made to the police about why you’re speeding or why you were driving the manner you were and even your demeanor and cooperation or lack of cooperation with police. All that will be evidence at trial if it helps the prosecution.