Boleto Ticket Manejo Imprudente Virginia Attorney
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Reckless driving is a criminal charge in the state of Virginia, making it a first class misdemeanor. First class misdemeanors come with a maximum fine of $2,500 and the possibility of jail time for up to 12 months. The first thing the driver needs to make sure is that it is actually a reckless driving ticket and not a normal speeding ticket as there is a big difference between these two. Drifting means driving 20 miles per hour over the speed limit or more than 80 miles per hour.
It is important that the driver do their best to dispose of this ticket as it is a criminal offense and will be on the driver’s record as a felony.
The first step in getting rid of this ticket is to plead not guilty and hire an attorney. Hiring an attorney is recommended because Virginia traffic laws are very complex and it will be very difficult for a driver to represent their own case in court.
The following points are defenses that could be used if relevant to the situation:
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- The highway had the appropriate number of lanes to allow for this act;
- The driving took place on private property or with the permission of the owner;
- The driver’s vehicle did not have a properly calibrated speedometer, causing him/her to not know the exact speed he/she was going;
- The device used by the police as a speed measurement tool was not calibrated correctly;
- Did the officer use his speed-measuring equipment correctly? These devices require special training, without this training the officer may write invalid reckless driving tickets;
- Acquire a copy of the video footage from the police when the driver was pulled over;
- If you are traveling with passengers, you can use them as witnesses and state that the driver was driving safely and at no time did you feel in danger;
- The GPS of the driver’s car. If the GPS reading is accurate, it can be used to identify the actual speed the driver was driving when stopped by the police; Y
- The road or area the driver was driving on. In some areas the driver cannot be charged, as in the example below. A school zone has signs indicating that the speed limit is 35 miles per hour. But if it is properly argued in court that 35 miles per hour is not the legal limit for a school zone, it will lead to your honor overturning the signs. The judge could decide that the Commonwealth had failed in its duty to prove the speed limit and may dismiss this charge.
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If the driver is unable to completely get rid of a reckless driving ticket, there are a few factors that may allow for a reduced sentence or reduced charge. These include:
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- Have a clean driving record;
- Take a driver’s education course; Y
- An emergency situation that led the driver to reckless driving.
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If none of these defenses apply to the situation, then the driver has no choice but to plead guilty, pay the fine, and serve jail time, if any.
If you need a Virginia Reckless Driving attorney to help you with your Virginia Reckless Driving case, call us at 888-437-7747. Our Virginia Reckless Driving Lawyers can help. C