Reckless Driving by General Danger in Petersburg
Reckless driving by danger to life, limb, or property is the second most common reckless driving charge. The first is reckless driving by speed. Many ways you may see a reckless driving by general danger in Petersburg chare is in an accident. Also, it can be charged when someone may not necessarily speeding but is weaving in and out of traffic, cutting people off, or conducting an activity that leads to an accident for someone else.
Someone facing reckless driving charges is potentially facing severe penalties. This is why it is essential that you contact a seasoned lawyer if you are ticketed for reckless driving by general danger.
Evidence
The type of evidence presented in a reckless driving by general danger in Petersburg case is the officer’s testimony. The opinion of the case is left up to the judge to determine if the facts rise to the level of recklessness. A defense attorney can refute this with arguing case law and explaining the factual situations. This can help the judge understand that the actions do not rise to the level of reckless driving.
General Danger Differences From Other Reckless Driving
A general danger charge is unique because it’s broader than most other reckless driving charges. All the reckless driving charges give specific actions that the Virginia Assembly deemed to be reckless, whether it be reckless by speed, passing cars, or passing a railroad-grade crossing. If someone is charged under those statutes, there are specific things that the Commonwealth must prove.
However, in reckless driving, the only thing prosecutors have to prove is that the person drove the car in a reckless manner and that they did so, endangering the life, limb, or property of another individual. Reckless driving by general danger in Petersburg is handled similarly to other non-traffic related criminal offenses because there’s going to be more evidence presented and more opportunities to refute the evidence due to the broad scope of the statute.
Reckless Driving Affect on a Commercial Driver’s License
A reckless driving conviction can lead to the suspension of a commercial driver’s license. Even when someone is trying to get the case reduced, a person has to be careful to monitor the points that the driver is getting in order to protect their CDL. Also, if someone has a CDL license, they cannot complete driving school in order to mitigate the reckless driving charge. It is imperative to be prepared to take the matter all the way through court, knowing that a driving school class is not going to handle the situation.
Steps a Defense Attorney Takes
The first steps a lawyer takes is getting the full information of the situation from the defendant. An attorney wants to understand what exactly happened that led to the reckless driving. A defense lawyer is going to check the statements the defendant said to the officer if the officer was wearing a body camera during the interviews.
Reckless driving charges originate in the general district court, which means an individual is not going to be able to get much information during the discovery process. To yield positive results for the defendant, the attorney is going to have to to a pretrial investigation by talking to the defendant, witnesses, Commonwealth attorney, and arresting officer.
How a Lawyer Could Help
The reason someone needs a lawyer when charged with reckless driving by general danger in Petersburg is because the case is going to come down to fact-based situations and scenarios that can be disputed and fought in court. Officers and prosecutors are trained and have experience in handling these cases, which means if the case goes to the judge, a person would not want to find themselves in a great disadvantage because of everyone else in the courtroom, the officers, the judges, the Commonwealth, are prepared to handle the case. A person should have a lawyer who has experience in these types of cases and knows how to fight for the defendant.
