Hampton Reckless Driving By Accident Charges

Reckless diving by accident in Hampton refers to a general reckless driving ticket that was issued because there was a collision. General reckless driving is catch-all category that really any type of behavior can fall into, however, one of the more common behaviors that is charged as general reckless is when there has been incident where an officer believed that the accident was caused by someone driving recklessly. If you have been accused of this type of reckless driving it is important you consult with a Hampton reckless driving lawyer as soon as possible to discuss your case and begin building a defense.

Importance of An Attorney

A good reason to hire a lawyer for a reckless driving by accident is because this charge is very beatable. It’s really difficult for an officer to prove that the reason a collision happened was due to reckless behavior because most of the time, the officer didn’t witness the event that led to the collision firsthand. Usually the officer will appear on the scene because there was a collision and they’re just assuming that whatever the drivers were doing beforehand amounted to reckless behavior.

Due to this, it is hard to defend yourself if you don’t know exactly what the officer needs to proves in order to obtain the conviction for the reckless driving by accident. An attorney knows exactly what needs to be proven and the best questions to ask the officer to make sure that it’s clear that the officer doesn’t know what happened exactly. And the only evidence that he’s really going on is what the scene looks like after the fact or any statements that was made at the scene by anyone involved.

How Reckless By Accident is Charged

Generally, reckless by accident is charged in situations where somebody has called the police because there has been an accident. The police generally arrive after the fact. So, when they are issuing a summons to reckless driving by accident, they don’t really know exactly what happened that caused that accident, they’re only assuming that the behavior was reckless based on whatever statements were given to them.

It’s not necessarily tacked on to every accident as some are very clearly not anybody’s fault, however a lot of police departments do have a policy of issuing a citation to somebody at the scene of an accident. So, sometimes it’s not up to the police officer’s discretion.

Are There Any Legal Excuses For Being Involved in An Accident?

The law does recognize that accidents happen often for no reason or fault of anybody. If the accident wasn’t your fault, then the police officers have to prove that it was in order for you to be convicted of reckless driving by accident.

Penalties For Reckless By Accident

A conviction for reckless driving by accident is going to be exactly the same as the conviction for reckless driving or just as speeding. They’re all class 1 misdemeanors and they’re all punishable by up to 12 months in jail, a fine of up to $2,500 and a license suspension of up to 6 months.

How Is Reckless Driving By Accident Different From Excessive Speed?

Reckless driving by accident is different from reckless by speed because of what needs to be proven in court. Usually, reckless by speed is pretty easy for an officer to get a conviction from because they usually witnessed firsthand the behavior that led to the charge. And they have evidence in the form of their radar reading and their calibration certificate and their own eyes.

In contrast, reckless driving by accident is based more on an assumption that the officer is making because he didn’t witness firsthand what happened. He needs to rely on other evidence such as witnesses or statements of anyone who did see what happened or was involved. This type of evidence in general is not strong firsthand knowledge.

Building a Defense

Defending reckless driving by accident usually just involved a strong cross examination of the police officer. It’s really hard for the officers to prove what happened that led to the accident was due to reckless behavior. The evidence for criminal cases is not as in depth as civil accident cases. This is because in criminal cases, the other driver is not required to be there most of the time unless somebody subpoenas them.

In civil cases, the other driver is the one bringing the charges. So, they’re always there which means that all of the players involved tend to be testifying.

What Are Some Important Steps An Attorney Will Take?

An attorney will help you sort to the facts to determine whether your behavior did amount to reckless driving and then will help you figure out if the officer has enough evidence to get a conviction from the reckless driving by accident. Your attorney can explain to you the law and can also piece together all of everything that needs to be proven in court so that you can best explain what happened and why it doesn’t amount to reckless driving. You can also strategize to figure out what’s the best approaches would be.