Virginia Beach Reckless Driving By Danger to Life, Limb or Property Charges

There are many different ways for law enforcement officials to charge someone of reckless driving. One way is reckless driving by danger to life, limb, or property. These charges rest largely on a police officer’s own discretion, and a Virginia Beach reckless driving lawyer can fight for you and help obtain a favorable outcome for someone who is facing this charge.

Reckless Driving by Danger to Life, Limb, or Property

When someone refers to reckless driving by danger to life, limb or property they’re referring to a general definition of reckless driving in Virginia Beach. The Virginia code section that deals with it states that someone is guilty of reckless driving, regardless of how fast they were going, if the manner in which they were operating their vehicle presents a danger to a person or property. It’s really just a special category of reckless driving that can be any number of behaviors that don’t fit anywhere else.

Law Enforcement Officers’ Discretion For This Charge

An officer can definitely decide your driver is dangerous even if it doesn’t neatly fit into one of the reckless driving categories. However, just because the officer decides that your driving is dangerous doesn’t necessarily mean that the judge or the court will agree. In court, the officer still has to prove that your driving was dangerous enough to present a risk to life, limb or property and he has to prove this beyond a reasonable doubt. While he can charge a driver with whatever he wants, it doesn’t necessarily mean anything until the judge agrees.

Evidence Presented In These Cases

Because reckless driving generally is such a vague charge, the type of evidence that’s going to be presented is going to depend heavily on the exacts facts of your situation. The underlying behavior changes, but generally, the officer’s testimony is the strongest piece of evidence that will be presented.

The officer has to show that whatever he’s alleging the reckless behavior was occurred beyond a reasonable doubt and was the fault of the defendant. Sometimes the only evidence will be the officer’s opinion but, without more than that, it’s not as likely that the conviction will result. A lawyer can help you determine whether there is enough evidence for a conviction. They can also provide an alternative explanation for whatever the alleged behavior is so that you have a fighting chance in court.

What Makes This Charge Different From Other Reckless Charges?

This charge is different from other reckless driving charges because it’s so vague. There’s more than the statute that’s generally considered in court in deciding whether the behavior is actually reckless. For this reason, it’s possible for an officer to issue this kind of reckless driving summons for any behavior which may not be criminal at all.

For this reason, the defense relies a lot more heavily on case law, on cases that have similar situations, and on cross examination of the officer than it would in reckless driving by speed. The attorney’s argument is really important because it is such a subjective situation, so there’s a lot of room for persuading the judge in either direction. The law could be interpreted in any manner of ways depending on how you look at it.

Impact of Reckless By Life, Limb or Property on CDL Holders

Any type of reckless driving can affect a commercial drivers’ license. Reckless driving of any kind is considered a serious violation which can lead to disqualification, depending on how many convictions somebody has obtained in a short time period which is usually three years. If your commercial drivers’ license is disqualified then you’re no longer allowed to drive a commercial vehicle. This is the case even if you receive the reckless driving charge while you’re driving your personal vehicle. So it’s important for commercial drivers’ license holders to understand that they’re responsible on the job and off the job.

Hiring a Virginia Beach Reckless Driving Lawyer

Reckless driving generally is commonly charged, it’s probably the second most common reckless driving charged, with the first being by speed. It’s smart to hire a lawyer because the consequences of a conviction on any type of reckless driving are extremely serious. It’s a criminal offense, and it is important to know what the long term consequences of this could be and to thoroughly evaluate the facts underlying the charge and figure out the best way to fight the allegation in court. An attorney can help you do this and can ensure that you have a fighting chance to beat the charge or at least have it reduced to something less severe and less detrimental such as speeding or improper driving. If there is really no defense to the actions themselves, then it’s still possible that a lawyer can negotiate your final punishment so that it’s as manageable as possible for you.