Hybrid Reckless Driving Citations in Virginia

Usually, traffic tickets are moving violations, like speeding, or non-moving violations, like a dangling air freshener that obstructs the driver’s view. Section 46.2-853, which is part of the reckless driving law, could be either one. Officers may cite motorists who drive recklessly and don’t properly control their vehicles. This section also permits officers to cite drivers who have faulty, unreliable, or non-working brakes.

As outlined below, moving and non-moving violation citations involve different strategies. But the goal of a Leesburg criminal defense lawyer is always the same. Reckless driving is no mere traffic ticket. It’s a misdemeanor that could result in jail time and a heavy fine. Reckless driving convictions also have severe collateral consequences, such as sky-high auto insurance rates. Because so much is at stake, admitting guilt and “getting it over with” is usually not an option. Instead, a Leesburg criminal defense lawyer must put together a response to the charges.

Out-of-Control Driving

Driving a vehicle out of control could mean an inability to stop because of faulty brakes. More commonly, to prove a driver was operating a vehicle “which is not under proper control,” the state must prove multiple moving violations occurred in close succession (e.g. Sally changed lanes illegally when an officer released her from a speeding ticket stop).

Individual traffic tickets have lots of moving parts. Multiple traffic citations are even worse in this regard.

First, the state must prove two violations occurred. Usually, this proof involves multiple witnesses, such as a civilian witness who called 9-1-1 about a reckless driver or an officer who radioed a report of a reckless driver.

Non-officer tipsters may be unreliable but a competent attorney is needed to demonstrate this in court.

There’s a difference between reliability and accuracy. An unreliable broken clock is accurate twice a day. If the information leading to an arrest was unreliable, the judge may throw the tip and the resulting arrest out of court.

Officer-relayed tips are different. These tips are almost per se reliable in court and very difficult for a Leesburg criminal defense lawyer to successfully challenge.

Establishing separate incidents is only part of the battle. The state must also prove every element of each offense beyond a reasonable doubt. This proof process includes overcoming legal defenses, such as an inaccurate RADAR gun.

RADAR gun evidence is usually inadmissible unless the state proves the officer used the gadget correctly, the department properly maintained the device, and the department pulled non-functioning devices from service.

Faulty Brake Fix-It Tickets

Fix-it tickets are a little more straightforward. In fact, in many cases, they don’t require legal representation.

If a vehicle had bad brakes, perhaps because it failed an unofficial safety inspection, the judge normally gives owners about thirty days to fix the brakes. If that happens, the judge dismisses the case, and the matter is forgotten.

However, reckless driving is no ordinary fix-it ticket. Reckless driving is a serious misdemeanor. Prosecutors could easily use the second part of the law (inadequate brakes) to prove the first part (out-of-control diving). If that happens and the driver doesn’t have a lawyer, the driver is in serious trouble, to say the least.

Reach Out to a Hard-Hitting Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.

Source:

law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-853/