What to Expect From a Reckless Driving Court Date in Norfolk

Going to court for a reckless driving charge can be a stressful situation, especially if you have never been to court before. For this reason, we have provided frequently asked questions below regarding what you can expect in court when going for a reckless driving charge in Norfolk, Virginia. However, this information does not cover everything and it is likely still in your best interest to consult with a Norfolk reckless driving lawyer before facing a judge.

Since there is no prosecutor the police officer involved in the case is the one who has the burden of proof. They will need to prove beyond a reasonable doubt that the driver charged with reckless driving was in fact driving recklessly. This means different things depending on the type of reckless driving issue.

For speed related recklessness, which is the most common, the officer must demonstrate that the defendant’s speed was either faster than 80 miles/hour or the speed was 20 miles/hour over the posted speed limit. The officer must prove that his method of calculating the speed at the time of the offense was accurate and that the equipment was well maintained and calibrated within 6 months.

What Evidence is Typically Presented in Norfolk Reckless Driving Cases?

The police officer typically just reads through his police report which explains the reason for the charge and how it all happened from his perspective. The officer will usually testify as to how the defendant’s demeanor was towards the officer such as whether he was combative and yelling or he was polite and cooperative. For speed cases that is just about it.

If the case involves an accident then there are sometimes photos of the scene of the accident and of the vehicle and of anything in the surroundings that may be relevant to the case. Sometimes there are witnesses that saw the event and they can testify as to their perspective of the incident. There is not usually a whole lot of evidence presented in reckless driving cases besides this.

What Defense Strategies Do You Use in Norfolk Reckless Driving Cases?

I don’t want to give away my secrets but I love to get a reckless driving case dismissed on a technicality based on something that the police officer missed. It doesn’t always work but when it does the case is over quickly and thrown out and I walk out with the client completely blown away, that I said just one sentence that got them out of everything.

Another defense is possible sometimes when the driver gets his speedometer calibrated and it turns out that his speedometer has been off just enough to make a difference in the case. Here are a lot of little defenses like this available for reckless driving cases. It is just the matter of picking up the right one for the correct cases.