Excessive Speeding Charge Lawyer – Fairfax, VA
Due to the amount of time most Americans spend on the road, there is a likelihood that the majority of people will get pulled over for a driving offense at one point or another. Not every driving offense requires a legal defense. A minor speeding ticket, for example, does not generally result in a need for legal representation. However, there are more serious offenses that even ordinarily safe drivers can be convicted of, if they are having an “off” day for one reason or another. If you are accused of a traffic offense more serious than a minor speeding ticket, it is important to reach out to Dave Albo – Attorney, as soon as you can. Failure to act quickly could result in serious consequences that might otherwise be preventable.
One of the most common driving offenses that could land you in jail or paying expensive fines, involves being accused of reckless driving. By broad definition, reckless driving is when a person operates their vehicle with a blatant and willful disregard for others safety or property. Being convicted of reckless driving, especially if the behavior may have resulted in an accident, could have consequences that remain on your record for a long time. It is for this reason that it is critically important to connect with an experienced Fairfax, Virginia excessive speeding charge lawyer as soon as you can. Having a strong defense strategy in place as soon as possible is vital to the potential success of your case.
Possible Defenses for Reckless Driving
When consulting with a Fairfax, VA excessive speeding charge lawyer who has experience representing clients accused of reckless driving, one of the first things you will likely go over is possible defenses. With a reckless driving case, the prosecution must prove beyond a reasonable doubt that you made the illegal maneuver intentionally and that doing so put someone at-risk.
The prosecution may attempt to gather evidence from the scene of the car accident to use against you. It is vital to the outcome of the case that a strong defense strategy is utilized. Your Fairfax, VA excessive speeding charge lawyer may suggest using one or a combination of the following defensive strategies:
- Necessity Due to Emergency: perhaps you were driving the way you were due to an emergency. To be successful, you and your attorney must show that you reasonably believed an emergency was present, or that there was some threat to you or a passenger. However, it is vital that you did not create the emergency yourself, and it must have developed due to an outside factor.
- Did Not Drive: the prosecution has to prove that you were actually driving the car. Your attorney can raise the defense that you were not the one driving the vehicle leading up to the moments before the car accident. This defense is best used if your Fairfax, VA excessive speeding charge lawyer is confident that the prosecution lacks clear-cut evidence that you were in control of the vehicle.
- Negligence Not Recklessness: if there is evidence that you were being negligent prior to the accident, this doesn’t automatically prove that you were committing reckless driving. The court may rule that you were displaying negligence, but sufficient evidence must be brought forward that you were being intentionally reckless.
- Improper Signage: One of the major criteria for a reckless driving conviction is that the driver was willfully in disregard of the law. In order words, the prosecution has to show that you very well knew you were violating the rules of the road. If your reckless driving accusation is related to speeding, your attorney can argue that there was a lack of proper signage on the road.