Due to the severity of reckless driving charges in Virginia, it is important to look for representation. Contact our office to speak with an experienced reckless driving defense lawyer.
Every client is different. A lawyer will want the client to provide them with their driving record to try to figure out if there is anything they can do in preparation for their case to improve their driving record. For instance, this may involve community service, a driver improvement school, or having their speedometer calibrated. A lawyer will have a person do anything they can do before the court date to put their best foot forward.
At court, a lawyer will have the opportunity to interview the officer to find out what he observed, how he would testify, whether he is prepared, and if he would be a good witness for the Commonwealth. Then the lawyer will speak to the prosecutor to see if they would resolve the case with a plea agreement. A lawyer would present that to the client and provide any advice about the risk associated with going to trial versus taking the offer.
The most important thing for a person to understand is what is going to be used as evidence and whether there are ways to fight it, attack it, or mitigate it in any regard. Often in these types of cases, the police officers make dozens of arrests each month and they do not take a lot of detailed notes. By the time they come to court, their memory may be vague. If they cannot remember the specifics of the stop, that could be a good avenue to attack.
For instance, if they are charging a client with reckless driving by speed and all that they wrote down was what the radar told them and no other details, that could be great for the defendant. When someone is charged with an offense, the defendant enjoys the presumption of innocence.
The government has the burden to prove their case, so if the police officer cannot remember anything and is looking at their notes, which just say “84-55” and nothing else, then that could really work to a person’s advantage. If the officer simply does not remember, that is a possible line of attack. Knowing the devices officers use and understanding how they work also comes in handy. An experienced lawyer has been trained to use these devices, so they understand what they are supposed to do and how they operate.
When a lawyer interviews an officer, they can figure out if they used the device correctly and whether the devices was properly calibrated and tested. This is very important as well.
The first thing a lawyer will always ask their client in any type of criminal case is for their goals. Not all clients have the same goals, so a lawyer will want to know why they are seeking legal counsel in the first place. It is important to understand the client’s goals and review the facts of the case. They can parse through and understand what, if any, defenses might be available based on the facts provided by the clients. This is very important.
Finally, a lawyer will ask about the person’s traffic history. Their driving history is going to be extremely important because that will help the lawyer give the client a sense of what outcomes they may face if they either plead guilty to a particular charge or they plead not guilty and are found guilty by the judge.
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