Reckless Driving by Danger to Life, Limb, or Property in Colonial Heights

Recklessness by danger to life, limb, or property is found in criminal code section 46.2-852. That is the reckless driving general statute. It is the second most popular code section with which the police officers charge individuals with reckless driving in Colonial Heights, but there is also recklessness by speed.

Reckless driving by danger to life, limb, or property means that someone drove the vehicle in a matter as to put someone’s life, body parts, or property in danger of some kind of damage, including those belonging to the driver. This is seen in an accident that involves an injury or damage to somebody else in the car. It is also seen in cases involving aggressive driving, like weaving into traffic.

Following a charge for reckless driving, it is best to reach out to a seasoned defense attorney. The main reason why someone should hire an experienced reckless driving lawyer for this type of offense is that they are facing a Class One misdemeanor. A tenacious attorney could help them understand what reckless driving by danger to life, limb, or property in Colonial Heights means and prepare their defense to help them avoid the consequences of a conviction.

What Makes This Charge Different From Other Reckless Driving Charges?

Reckless driving by danger to life, limb, or property is different from other reckless driving charges is it is more of a general statute, so there is more gray area to be argued than exists in a reckless driving by speed, reckless driving by passing on the left-hand side, or reckless driving by some other specific fact pattern. There are many different code sections that encompass what can be considered reckless driving. They are all Class One misdemeanors.

For example, there is reckless driving by vehicle not under control or faulty brakes. There is reckless driving by passing on or at the crest of a grade or on a curve, reckless driving with the driver’s view being obstructed or control being impaired. All those are specific ways in which an officer states the driver of the vehicle is operating in a reckless manner for various reasons.

However, police officers do not have the right to decide that a person’s driving was dangerous. They do have the right to determine whether there is probable cause that the driving was dangerous per the statute, and then the judge and or jury will ultimately decide if that driving was, in fact, reckless. All the officer can do is determine whether there is probable cause to write a summons, ticket, or arrest warrant, whatever the case may be.

Considerations for CDL Drivers

Reckless driving by speed can affect a commercial driver’s license. Also, a judge can choose to dismiss a regular reckless driving by speed charge by putting a person through driving school. That is not an option for a CDL holder.

Preparing a Reckless Driving Case

It is beneficial to aptly prepare reckless driving general charge cases for a legitimate trial and actually have the discussion of whether the case will be tried by a judge or by a jury. The facts in these cases can be fleshed out and can lead to acquittals in jury cases, as opposed to a reckless by speed where the officer’s radar detector is ultimately going to be the biggest factor.

Different evidence can be used in reckless driving cases. Often civilian witnesses are called upon to discuss what they saw. The statements of the accused can be used as well. This can be obtained through the other witnesses or through the case law, depending on the way the incident took place.

A skilled reckless driving attorney can review the facts of the case and build a defense against the charges.

How a Reckless Driving Attorney Could Help

Reckless driving could have many consequences, including fines and points on a license. It is best to seek help from a reckless driving attorney to learn about your legal options. The first thing an attorney should do for a reckless driving charge is to talk to the defendant and figure out the specifics of the case. They should figure out what happened, the officer involved, file discovery, see if there is an incident or accident report that can be pulled, figure out what statements were made by the client, figure out if there were any witnesses to the actual accident itself or if this is a situation in which the officer is going to testify, and find the best evidence that will be used against the client. They should work to refute that evidence or brace and argue the law in those areas.

Let an experienced reckless driving attorney help your case. Call today to learn more about fighting charges regarding reckless driving by danger to life, limb, or property in Colonial Heights.

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