If you have been involved in an accident and then charged with reckless driving by accident, your charge is still worth fighting. Below is information on the various ways that your charge can be mitigated and how a Prince William County reckless driving lawyer can help. To learn more or discuss your reckless driving by accident case, call today.
Reckless driving by accident, which typically falls under the general reckless statute, is in fact tacked on to the vast majority of accidents that the police encounter. Whether it is a single-vehicle accident, a rear-end accident in traffic or a multiple-vehicle accident, it is the policy of most police departments in Virginia to charge the at-fault driver with reckless driving if there is any more than slight damage to the vehicle—especially if anyone has been injured in the accident.
It can be harder to defend yourself in a reckless driving by accident case if there are other witnesses to the accident. Many reckless accident cases only involve the individual who is charged and the only evidence of the accident may be whatever statements that person made to law enforcement. Under these circumstances, the defense may be pretty easy, depending on the statements made. However, if another citizen was involved in the accident and comes to court to testify, it’s important to be ready to cross-examine that witness and to know the ins and outs of this particular law. That way, you can give yourself the best opportunity to beat the charge or have it reduced at trial.
There are numerous excuses for being involved in a collision. It is very clear under Virginia law that the fact of an accident does not necessarily prove that a person was driving recklessly. Many individuals find themselves in accidents because another individual was at fault, or in some cases, through no fault of any individual. It’s important under these circumstances to know the right legal defenses, to know the right kinds of arguments and to be prepared to give yourself the best chance to prevail at trial by having a charge reduced or even dismissed.
In preparing a reckless by accident case, an attorney will want to determine all of the evidence that is potentially available at trial. This will likely include witness statements, statements made by the accused to the police, photographs and videos taken at the scene, police reports and other forms of physical evidence.
In preparing the case, you will want to review these things with your attorney beforehand. That will help give you the best chance to get your matter reduced or dismissed at trial.
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