Prosecution of Reckless Driving Cases in Hampton, VA
In Hampton, Virginia reckless driving cases are heard in front of a judge, usually with the responding law enforcement official. With that said, it still needs to be proven beyond a reasonable doubt that you were driving recklessly. Below is information on how reckless driving is treated and what specifically needs to be shown in order to find you guilty of reckless driving.
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How Do The Judges and Prosecutors in Hampton Treat Reckless Driving Cases?
Hampton prosecutors do not handle reckless driving cases. Instead it is the law enforcement officer who charged the driver who handles the case. The officers can be very fair, and unless the driver did something that really stuck out to the officer, the officers typically just read their police report and allow the judge to decide what to do without swaying the judge in either direction. The judges however do take this charge seriously and are known to provide a sentence in jail for excessive speeds. Many times, reckless driving defendants will also receive a lecture from the judge about the dangers of their behavior and how they could have killed themselves or someone else in the process of their actions.
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.
What Types of Evidence Are Typically Presented in These 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.