Potential Defenses For Reckless Driving in Chesterfield
The following is information on potential defenses in VA reckless driving cases and how a Chesterfield reckless driving lawyer can help you. To learn more or begin building your defense, call and schedule a consultation today.
Common Defenses in Reckless Driving Cases
There are two primary defenses for exceeding the speed limit. The primary one would be a medical emergency or emergency of life or limb. This would commonly take effect if either you or a family member is having some medical emergency and you are rushing to the hospital or to your house to take them to hospital.
Another defense that can commonly be raised is a technical issue with your vehicle or with your speedometer that you are unaware or had no knowledge of.
For speeding, there aren’t extraordinary circumstances that the court will consider besides medical emergencies. These can involve you, a family member or a child, the courts will give leeway to that. For instance a mitigating factor the Court will consider is if you receive a call of a family member in need of medical attention. A lot depends on the individual, the timing and what documentation you can provide to the court regarding any sort of medical issues.
Going With the Flow of Traffic
Going with the flow of traffic is not a defense in a speeding or reckless driving case. It can be raised as an explanation for the speed, especially that you’re unaware of your speed due to the fact that you are riding with the flow of traffic. However, it cannot be raised as a defense nor would be accepted as a defense.
What if There is No Sign?
If there is no sign in Chesterfield County, there’s what’s called presumed speed limits. In residential and business areas, this is 25 miles an hour. On major highways or major thoroughfares like 95 or 2-88, the presumed limit will be 55 miles an hour. In the town interstates within the city, the presumed limit will be 35 miles an hour.
Is Driving Only 10 MPH Over The Limit a Defense?
You are not allowed to drive over the speed limit by 10 miles an hour or by 10% plus 2 miles an hour. If you’re even 1 mile over the limit, you’re technically in violation of the law. Most officers will provide a certain amount of leeway in enforcing speeding charges and typically allow for exceeding the speed limit by 5 and even in some cases 10 miles an hour if it’s on the highway. However this can not be used as any type of defense in court.
What if I Wasn’t Going That Fast?
In many cases, if you claim you weren’t driving that fast, it will often result in your word versus the officer’s. However, sometimes showing that your speedometer was not calibrated correctly or there was a technical issue with your vehicle can be raised as a defense. In addition, if you can show that the officer’s radar equipment may have been faulty or may not have been checked properly, that can also be raised as a defense.
Highest Speed Limits in Chesterfield
The highest speed limit in Chesterfield on the highways is 70 miles an hour, and that is enforced very strictly. The dangers of excessive speeding are many. If there’s high speed and there’s an accident, the severity of it is much more severe. You’re more likely to lose control of your vehicle at a high speed and your reaction time is lessened when you’re at a high speed.
In addition, one of the main areas for enforcement is among minors and young drivers who are known to speed regularly. Due to their inexperience behind the wheel, the likelihood of accident is higher. With younger drivers we often see cases where they’re not wearing seat-belts, so there are lots of issues there that come into effect that speed could play a role in.