Building a Defense For Reckless Driving By Life, Limb, or Property
If you are charged with reckless driving in Richmond it is important you put forth the strongest defense possible as a conviction can end up on your criminal record and lead to many long term consequences. With this in mind, the following is information on what a Richmond reckless driving lawyer can do for you and how they will go about building a defense for reckless by life, limb, or property charges. To find out more call and schedule a consultation today.
What Are Some of The Reasons For Why You Want To Hire a Lawyer For This Kind of Offense?
You want a lawyer for this offense due to the potential penalties. Reckless driving is a class 1 misdemeanor so it is a criminal offense. It carries the possibility of up to 12 months in jail, a $2500 fine, and up to a six month loss of license. It also carries six DMV demerit points which will have an adverse impact on your driving record and possibly on your insurance. If charged with reckless driving, it’s imperative that you get an attorney’s assistance in an attempt to try get the charge or reduced or even possibly dismissed.
What Kind of Evidence Will Be Presented Against You In Court For This Charge?
For a general reckless driving charge or a reckless driving with danger to life, limb or property, the main evidence will be the officer’s testimony. In addition, in some cases the prosecution will present eye witness testimony of the driving that led to the charge.
In some reckless driving cases, it comes down to the officer’s opinion. In most cases, the officer has the discretion to charge based on their observations of your driving or evidence at the scene of accident. However, an officer can subpoena witnesses to testify, provide accident reconstruction, or in a speed case they’ll provide evidence of their radar and radar’s accuracy.
Your lawyer is going to attempt to refuse this testimony, or challenge the officer’s or witnesses’ assertion of the facts. Your attorney will attempt to show the driving did not rise to the level of reckless driving and that it did not endanger life, limb or property and/ or if it was an accident case that it was another driver’s fault.
What Makes This Charge Different From Other Reckless Driving Charges in Court?
This charge is different from other reckless driving in that it really is completely up to the officer’s testimony in most cases. This is more of a discretionary charge than a reckless driving by speed charge, in that it is based on the officer’s observations. The one thing that does make it similar is that both are class 1 misdemeanors, with up to 12 months in jail, up to a $2500 fine, and six-month loss of license.
How Can An Attorney Help You With This Case?
Your attorney is going to cross examine witnesses to show that your driving did rise to level of reckless driving and that you did not in fact endanger life, limb or property. An attorney can also present independent witnesses to support this fact and other mitigating evidence.
