What Makes Reckless Driving Charges in Henrico Unique?
The following is taken from an interview with a Henrico reckless driving lawyer who explains what makes reckless driving cases in Henrico County different from other places in Virginia. To learn more about what constitutes reckless driving, or to talk about your case schedule a free consultation today.
Well, what makes reckless driving charges unique in Henrico County is its strict enforcement throughout the county. Henrico County has several major highways where officers strictly enforced speed limits, the driving actions, and actively look for violators of the reckless driving statutes.
Where Are Reckless Driving Cases Heard in Henrico?
Their case will be heard in the Henrico general district court which is off Parham Road in Henrico County. There are four courtrooms that hear traffic matters at any one time and there are four separate judges.
How Do Judges and Prosecutors in Henrico Treat Reckless Driving?
The judges in Henrico County are very strict in their enforcement. They can and do impose significant punishments in sentencing on aggravated conservative in their enforcement of statutes. However, the prosecutors will typically work with attorneys, and if there is a solid defense or mitigating factors like a good record or calibration they will consider reductions.
What Makes The Process of How These Cases Are Handled Unique in Henrico?
Henrico County is very tough on reckless driving charges. In addition, unlike some jurisdiction if the speed is above 90 on a reckless driving charge it is quite common for the judges to impose a jail sentence and license suspension. While the Court will consider mitigating factors Henrico County can be particularly tough on reckless driving.
What Should Someone Expect From the Process of Their Reckless Driving Case?
Typically what will happen is if they’re charged with reckless driving by the officer, they’ll receive a summons to appear in court and that is all. If it’s an aggravated case, if it’s a very high speed, if it’s a severe accident case possibly involving alcohol, they’re maybe arrested on the scene at which time they would be taken to Henrico jail and process for arraignment typically the following business day.
What Should They Be Prepared For?
A lot will depend on the actual charge itself, but again, for the most part they should be prepared for the possibility of a very high fine, possible license suspension and jail if aggravated. The Reckless driving statute allows wide discretion for the Judges to impose punishment.
How Does The Prosecution Go About Proving a Reckless Driving Offense in Henrico?
The prosecution goes about proving it first and foremost by using the officer’s testimony. The officer will testify as to what they witnessed in the driving whether it’d be erratic driving or simply high speed. The officer will then provide whatever evidence they have aside from their testimony which may be a radar calibration to show that the radar was working accurately on the day in question. In addition, if it is an accident case or erratic driving there may be independent witnesses called to testify as to what they saw. Prosecutors will use this evidence to show the driving was reckless either by speed or was there a risk to property or person.
Does An Out of State Driver Need to Come Back to Henrico to Appear in Court for Reckless Driving Charge?
That would depend on the charge itself, the severity of the reckless driving charge. If it’s a standard reckless driving violation, let’s say they’re speeding 84 in a 70 for instance; they typically would not have to appear if they have an attorney appear on their behalf. If it’s an aggravated case with a high speed in the 90’s or even higher, or if there’s a case with alcohol involved or a case where there’s a significant accident and injury, then most definitely that person would need to appear whether they have an attorney or not. But in most cases, if they have an attorney representing them, they may not have to appear.