how to defend yourself in court for reckless drivinghow to defend yourself in court for reckless driving

The plaintiff must prove his or her case in order to win and therefore, the burden is on the plaintiff to present enough evidence to meet legal requirements and convince a jury. This charge should never be taken lightly. But I argued to the judge that 35 isnt the legal limit for a school zone, thus nullifying the signs. The Commonwealth Attorney must prove the charges against you. Your monthly insurance payment will likely go up once your insurance company discovers the ticket. An attorney with experience in this area will be able to counsel you as to the right steps to take and your chances of victory. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Set the GPS where it displays the current speed based on the GPS satellites. Take a Driver Improvement Clinic One option is to attend a court-approved drivers school to show that you are remorseful for your actions and plan to do better in the future. Criminal Defense Attorney Bend: How to Defend Yourself in Court In order to respond, you will have to file an answer. 2200. Well, you guys treat people well. In a final example, you may agree to plead guilty to a lesser charge in order to avoid going to trial on a more serious charge. However, if there is a great deal of sentencing variation for your charge, strongly consider hiring a lawyer who would be better prepared to defend you. How to Defend Yourself in a Criminal Case - Saller Law Even if your single-vehicle accident only resulted in damage to your own car and to someone else's property (a parked car, a fence, a structure, etc. The Commonwealth has to prove beyond a reasonable doubt that you committed the alleged violation. Essentially, youll need to show that your speedometer was improperly calibrated, and that you thought that you were driving safely. The identity of the driver can be an issue when the person being accused of reckless driving: For example: Clarisse is pulled over and ticketed for reckless driving. There are several strategies for lowering the potential punishment in your case. The judge or opposing attorney will refer to people by these names. The laws in each state will set the limitations for the type of ticket you receive. The plaintiff is a person who files a civil lawsuit (a case for money damages) against another person or business. They consider factors such as the child's emotional and physical needs, their relationship with each parent, and their overall safety and stability. Bring everything you own related to driving. If you're convicted, the penalties can include large fines and even jail time. Posted on June 9, 2021 The 5 best defenses to a charge of reckless driving are that the defendant was not the driver, the driving did not amount to recklessness, the driver was distracted, the radar gun was not used or calibrated correctly, and necessity. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. This article was co-authored by Clinton M. Sandvick, JD, PhD. You may also have the option of having an attorney appointed if you can't afford one. Their case will go straight to sentencing, instead. A lawyer can question any witnesses and make arguments on your behalf. February. as well as the procedures they followed during the stop itself (did they start searching your car?). THE 10 CLOSEST Hotels to Chateau Du Breuil Yvain, Orsennes - Tripadvisor How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses If you have to appear in court during your arraignment, pre-trial hearing, or actual trial, your attorney usually won't put you on the stand . Depending on your state, either the judge or a jury will make a final decision. You can post bail, plead guilty or make a plea deal and, if you're lucky, you might achieve the same results as an attorney. Of course, if you dont pay it on time, Virginia DMV will suspend your license for non-payment. The court has discretion when it comes to reducing reckless driving charges and sentencing, especially if its your first offense. For example, in a speed-related case, there are many complicated issues that can arise solely based on the officers calibration certificates. We will give you a free consultation and can discuss our strategy for achieving the best possible outcome in your case. Many states have laws that set limits on what speed you must be going to receive a reckless speeding ticket. Reckless Driving Speeding on Virginia Interstates There are many places on Virginia interstates where the speed limit is 70 mph. Dont give them more ammunition by arguing with the arresting officer or talking with the police without your attorney present. It sounds simple, but the Commonwealth has to prove that the offense took place in the correct county or city. For more tips from our Legal co-author, including what to do in your arraignment, read on. Knowing Your Traffic Ticket Charges and Fighting It In Court - LawFirms.com We mean it! I practice in a handful of counties, and judges around here handle letters differently. Reckless Driving | Virginia Traffic Court In Virginia, a law enforcement officer must have at least reasonable suspicion that a traffic infraction or crime was committed by the driver in order to stop someone. If you have no choice but to represent yourself, you must prepare your case, familiarize yourself with court procedures, present evidence and witness at trial and file court motions. Without the calibration, the officer could not prove his case! How to Handle A Reckless Driving Ticket - The Weiland Firm, PLC As a criminal defendant, you have to be careful not to be seen as intimidating or threatening witnesses or victims. Thank you. We do not handle any of the following cases: And we do not handle any cases outside of California. If the witness is hostile to your case, then you must highlight their bias so that the jury understands that their testimony may not be completely reliable. To effectively use a GPS defense in traffic court, you need two things: 1. proof of the GPS speed readout at the time the police claim you were speeding, and 2. proof that the GPS was accurate. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Whether you are having problems with your car, or are impaired to the point that you cannot drive for some reason, any time you are unable to control your car you run the risk of receiving a reckless driving ticket. Youre still risking the possibility of the judge being upset that youre not in court if he really wanted you there. Your lawyer will work to better understand what happened and what the problem was. Do you know if a driving school or community service is a possibility to earn a break on your charge? A presentation of your defense. One of the first choices you need to make is how youre going to handle the case. In some cases, you may be able to have the entire case dismissed by showing that the stop, or the officers conduct during the stop, wasnt by the book. Once your attorney has researched the charges and understands the problem, they will begin the second step. If an officer cited you for reckless driving by speed, you could also challenge the calibration of the device they used to check your speed. Location It sounds simple, but the . If you just ignore the reckless driving charge, you're facing the full range of consequences and could possibly make the situation even worse. The consequences of each type of reckless driving ticket can be severe. }, A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). It may seem elementary, but the Commonwealth has the burden of proving the speed limit in question. You can also conduct more formal discovery by taking part in: Interrogatories, which are written questions directed to the other party that they must answer. Doctor of Law, University of Wisconsin-Madison. If the potential punishment is harsh, you should always hire legal counsel. Unless you are involved in a small claims dispute or going against another person who is unrepresented, defending yourself in court is a very difficult and risky decision. I had the client get his speedometer calibrated, and then I had him take pictures of the GPS and speedometer together to show that the GPS was reading accurately. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. For this reason, Virginia courts generally treat reckless driving as a Class 1 misdemeanor. What to Say in Court for a Speeding Ticket | RatedRadarDetector ", "It details the procedure and basic facts useful for a self process in both civil and criminal cases. While there are several reckless driving statutes in the Virginia Code, most reckless driving charges fall under one of three different laws: VA Code 46.2-852 Driving a vehicle in a way that endangers others, regardless of speed. This field is for validation purposes and should be left unchanged. If they forget to testify that the incident occurred within the correct locality, we have a strong argument to have the judge dismiss the Virginia reckless driving charge case completely. However, the easiest is to simply avoid driving over 80 miles per hour. Its the most-reviewed Virginia reckless driving resource on Amazon.com. Before you spend the money on an official calibration, you can do a quick accuracy test yourself with a GPS: If you decide to get a calibration, you must know how to read a calibration report. Ask direct and leading questions so that a witness has little opportunity to explain his or her answers. A cross-complaint form will usually ask you to state the cause of action and why you think you deserve to have a court rule in your favor. If you have been in jail awaiting your arraignment, you will also have the opportunity to discuss bail options. If possible, you should also pull your state driving record and have a copy with you. Each piece of the offense can be used as a possible defense if the Commonwealth doesn't present the necessary evidence. A jury or judge hears all of the evidence and the defense and decides whether the prosecutor presented enough evidence to demonstrate that the accused committed a crime. For each paragraph of the complaint you will deny the claims made, you may agree with the claims made, or you may state that you do not have enough information to provide an answer. I wouldnt be in school right now if it wasnt for Jacob and his team. the defendant was driving recklessly out of necessity. Establishing an attorney-client relationship and getting the legal advice of a reckless driving defense attorney is the best way to fight this serious criminal offense. Some people who cant personally make it to court send a letter to the judge.\n\nThis technique has advantages because you do get a chance to hopefully say something to the judge in the form of a letter. The Virginia Supreme Court has ruled that the mere happening of an accident isnt reckless driving. If they consistently match, both gauges are probably showing the vehicles true speed. Include your email address to get a message when this question is answered. If the officer used a LIDAR gun, he should have a calibration certificate to show that the actual unit has been calibrated within six months prior to the stop. "name": "SEND A LETTER", Pay attention to the details of the community service requirements. Just say that the road was . They were so pleasant and knowledgeable when I contacted them. Shouse Law Group has wonderful customer service. Then, you'll need to secure evidence or witnesses to defend your case. The certificate has to meet the requirements in the statute to actually be able to prove that his device was accurate. In general, you will have 30 days to respond to a lawsuit, starting with the day you were served with the complaint. Some people who cant personally make it to court send a letter to the judge. What Is The Difference Between Reckless Driving and Aggressive Driving? How to Fight Vandalism Charges in Virginia. This plea bargain is often referred to as a dry reckless plea deal. Frequently Asked Questions About Reckless Driving the defendant was not the driver of the vehicle. A reckless driving ticket can affect your driving record and negatively influence your life in many ways. They will not be allowed to raise any of these common defenses to reckless driving. It showed the maximum speed during the trip was lower than the officers radar reading. If you have been charged with reckless driving and would like to discuss your charge with one of our experienced attorneys, please give us a call at (804) 355-8037. Having an experienced professional to guide you through your reckless driving charge can help lead to the best possible result. During a settlement conference, you and the other party will meet with a neutral third party. This report will show the correct speed along with your speedometers reading. Requests for admissions, which simply ask the other party to admit or deny a specific statement. The legal defense of necessity is that the defendant had a sufficiently good reason to commit the offense and had no other alternative. The driver would admit to a less severe offense of reckless driving in order to have the DUI charges dismissed. To argue your case, youll have to recreate the events leading up to the accident and provide as much evidence as possible that you werent actually at-fault. I frankly dont recommend it in every case because its not always helpful. Whatever strategy you choose in the end, its wise to hire an attorney to help fight your reckless driving charge. This is why many first-time offenders will try to negotiate for a lesser charge, such as simple speeding or improper driving. It is important to your future when you find yourself dealing with a ticket such as this that you take the right steps to protect yourself and defend your rights as a citizen. Her responsibility for the accident was fairly cut and dried, and she received a reckless driving ticket. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. This makes plenty of poor driving choices fall short of the threshold needed for reckless driving. If the judge goes that far, he most likely wont be happy when you eventually appear in front of him. (Cases depend upon unique facts. "acceptedAnswer": { Jacob has been our lawyer for 3 years now and he is excellent. Dress impressively. If a witness changes their testimony, use their deposition testimony to show that they are providing inconsistent testimony. How Does Reckless Driving Affect Insurance? Simply having a thorough knowledge of the players involved helps give you a tactical advantage over someone who is handling their case alone. If you want to defend yourself and have a decent chance of being successful. Email:info@weilandfirm.com Before you go to trial, try to meet with the opposing party outside of the courtroom to negotiate a settlement so you dont need to learn the ins and outs of the legal system. Fight Your VA Traffic Ticket | DMV.ORG Depending upon your work situation and how far away you are located from the court, this could be a substantial hassle and expense. Refer to the instructions on your ticket for specifics on how AND where you can submit your plea. Go the location where you were given the traffic ticket or speeding ticket. I had a client in Stafford County who was involved in a minor accident in a subdivision. Factors Considered. Also, you can conduct an internet search for the courts name and rules of civil procedure or rules of criminal procedure, and rules of evidence. Most courts provide this information on their website. Prosecutors are required by law to protect the identity of witnesses while they are preparing their case so the witnesses are not put in jeopardy. However, because you are representing yourself, you may be limited in the amount of information you can see. Be sure to properly know your rights before you find yourself in this situation. In a civil lawsuit, a plaintiff sues a person that they believe has harmed them in some way and that harm has caused damages. This is why attorneys always tell people not to talk. Virginia Reckless Driving: Out of State Drivers. We use cookies to make wikiHow great. Even with all this helpful information, sometimes you just need to talk. Many Virginia residents often wonder whether they should fight a traffic ticket in court, and are unsure about the costs and benefits of doing so. By using our site, you agree to our. Representing yourself in court is a very risky decision that very rarely works in the defendant's favor. Centre-Val de Loire Links. For example, simply saying that your tire slipped off the shoulder and you lost control can be enough for a judge to find you responsible for the accident. To file a cross-complaint, find the appropriate form in the same way you found your answer form. There are 16 references cited in this article, which can be found at the bottom of the page. California Criminal Jury Instructions (CALCRIM) No. However, the road in question was part of a gated community, which made it a private road. Single-Car Accident | Liability and How to Defend Yourself | Nolo We are Virginia traffic attorneys who have represented hundreds of client in Northern Virginia for cases involving reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. the inconvenience of getting a moving violation or traffic ticket. between 30 days and 1 year of jail time, and/or. If a person dies in the accident, then the offender receives 12 points on their license and a one-year driving suspension. make sure no one was hurt. Were a Richmond, Virginia law firm with clients from around the world. During your meeting, you will discuss a possible settlement with everyone. For example, a murder weapon cannot be introduced in court if it was found during an illegal search or seizure (i.e., the police did not have a warrant). The second step for your attorney will be to get the charges reduced or dismissed depending on the evidence in your case. The court may limit you to certain approved venues for service, or the service may need to be monitored. However, there are a number of exceptions to this rule and if the prosecution can convince the judge that an exception exists, the evidence may still get in. And of course, you would not have to come to court.\n\nHowever, there are disadvantages as well. You can usually find an opposition motion form on your court's website. A reckless driving conviction could result in the loss of your CDL, as well as other additional penalties. Careless driving causing serious bodily injury or death is a class 1 misdemeanor. The one benefit you gain by ignoring the charge is short-term. I plead not guilty for the client and argued this point to the judge. The judge will generally have the ability to release you on your own recognizance, set bail and send you back to jail until you post the required amount, or refuse to set bail and send you back to jail without the possibility of being released. How do I defend myself in court for child custody? We checked the court paperwork, and the signature on the ticket didnt match his signature. We provide free consultations for cases in our area. Similarly, another possible defense to a reckless driving allegation is that the defendant was merely distracted. We have the required documents needed to. Once you have surpassed these limits, if you are pulled over, you will receive the ticket for reckless speeding. In general, evidence can be suppressed if it was gathered in a way that violated your constitutional rights. An opening statement, which is your opportunity to lay out the facts of your case and tell the judge or jury what you will prove during the trial. This is sort of the default response to a reckless driving ticket because the law says youre supposed to appear in court. Visit our California DUI page to learn more. To locate a local library, conduct an internet search for the name of your city or town and law library and open to the public. You can ask the law librarian to direct you to the legal resources you need. Some judges will reduce the charges for individuals who attend driving school, and some wont. You should, A Cross-examination of witnesses. The charges will be stated. Alternatively, contact local legal aid societies, which can offer you low-cost or free legal support. Navigating the Legal Process as a Pro Se Defendant, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/9\/92\/Defend-Yourself-in-Court-Step-1-Version-3.jpg\/v4-460px-Defend-Yourself-in-Court-Step-1-Version-3.jpg","bigUrl":"\/images\/thumb\/9\/92\/Defend-Yourself-in-Court-Step-1-Version-3.jpg\/aid400546-v4-728px-Defend-Yourself-in-Court-Step-1-Version-3.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"