Developing a Defense Strategy for Hampton Reckless Driving

Below, a Hampton reckless driving lawyer discusses how they approach reckless driving cases in order to build the strongest defense strategy possible. If you have been charged with reckless driving in Hampton, or elsewhere in Virginia, call today and schedule a free consultation.

What Are Some of The First Things You Ask When Meeting Potential Reckless Driving Client For The First Time?

When we meet our potential client for the first time, we ask them to tell me the timeline of events in as much detail as possible. We make sure they tell me everything that was said between themselves and the officers and what the tone of the interaction was. We tell potential clients that details can make a difference so they should not leave anything out even if they are not sure if the details are actually relevant or if the details are bad for them. We also ask potential clients what kind of impact a conviction would have on the rest of their lives. Some people have security clearances they are afraid to lose or they are applying for jobs they are afraid would reject them if they have a conviction. Other people don’t care about the conviction itself but cannot afford to go to jail for any period of time because they have a family to take care of full time or a job that will be compromised by their absence. The potential client’s specific goals are important to determine what course of action is best for each individual person.

What Are The Main Things That You Look For in a Case?

We look for the driver’s reason for the behavior that led to the charge. Some people have great excuses that would excuse the charge in the end. We also look to the potential client’s background such as his job, his familial obligation, his driving record and his criminal record. All of these things can have an impact on what the direction a case goes in court. In a reckless driving case, we look for how the driver behaves with the officer. Someone who was polite and cooperative will be looked at much more favorably by the officer in court than someone who was passing in and out or who was generally difficult. The officer is one of the most important parties in the trial so it is important to know where the potential client stands with him before walking into the court room.

What Are Some of The Most Common Defense Strategies You Use in Fighting Reckless Driving Cases?

For speeding related reckless driving charges, a law enforcement officer must prove that the equipment the officer was using to determine the defendant’s speed was reliable and had been calibrated properly for the day of the incident within a particular time frame. To prove this, the law enforcement officer needs to have an original certificate with very specific information listed on it. If he does not demonstrate this in court, a good defense attorney can move to have the case dismissed because of it. Another defense that is available is when the defendant calibrates his own vehicle’s speedometer, and then discovers that the speedometer was inaccurate to the point that the speed the driver believed to be going was a safe speed when in fact it was not. This can result in a reduced charge related to the faulty equipment instead of a criminal conviction.