The Process of A Reckless Driving Case in Hampton

The process for a reckless driving charge is the same as it is for speeding ticket which means that the driver will not go through the arrest process like in other criminal cases. The difference is in the piece of paper that the driver is asked to sign. In reckless driving cases, it is called a summons. A summons asks the driver to sign saying that he promises to appear in court on the date noted on the ticket. A summons is essentially the substitution for the entire arrest process and it is common with many other criminal charges. If the driver refuses to sign the summons, then they will be put through the entire arrest process rather than being released immediately.

If you are placed under arrest or just issued summons, it is equally important that you consult with a Hampton reckless driving lawyer, as reckless driving charges are extremely serious and are treated as such by the state.

What Does the Prosecution Need to Prove in A Reckless Driving Case?

Hampton prosecutors aren’t involved in reckless driving cases. However, the law enforcement officer will be involved and will have to prove beyond a reasonable doubt that the defendant is guilty of doing the reckless behavior he is charged with. In cases of reckless driving by speed, which are the most common, this means that the law enforcement officer must prove that the driver was going either 20 miles per hour over the posted speed limit or was driving 80 miles per hour or faster. To do this, the officer has to prove that the way the officer determined the defendant’s speed is reliable and accurate enough to be trusted by the court. This is where a good defense attorney comes in and casts doubts on the different steps the officer took and question each part of the process so that it is more difficult for the officer to prove the defendant’s guilt beyond a reasonable doubt.

Evidence in Hampton Reckless Driving Cases

For most reckless cases, the officer’s testimony and the paperwork regarding the calibration of this equipment is the only evidence. As cases become more complex, for example in a reckless case where there was an accident involved, there could be more types of evidence. This evidence could include photographs of the vehicle and any damage caused by the accident. It could also include photographs of the road the driver was on before the incident occurred. Sometimes, there are witnesses that may be asked to testify about what they saw take place.

Can You Prepay The Fine Like a Speeding Ticket?

In Hampton, it is not possible to prepay a reckless driving fine. This is because reckless driving is a criminal charge and not just a traffic offense. Criminal charges require the defendant to appear in court to answer to the judge about the charge.

However, if it were possible to pay the fine to get it over with, it would be a poor decision because there are no consequences in attempting to fight the charge, whereas there are consequences that come with a guilty conviction. Therefore, it makes sense not to give up without even trying. It is also possible to have a positive impact on sentencing even when the charge itself is inevitably going to result in a conviction. It is also possible sometimes to accept the reduced charge of speeding instead of a criminal charge of reckless driving. Appearing in court can make a difference in something that has lifelong implications. And drivers really do owe it to themselves and their future to not throw it away.