Virginia Beach Reckless Driving Court Process

In Virginia, reckless driving is a criminal offense and cannot be prepaid. The person has to appear or have an attorney appear on the person’s behalf in any reckless driving case. Judges will hear some cases in the person’s absence. That varies by jurisdiction and on the person’s speed. Generally, if the person is charged with reckless driving less than 85 miles an hour, most of the judges will allow an attorney to appear for the person. Or, if the person does not have an attorney and is found guilty with no one there, that can happen.

However, if the person goes over 85 miles an hour, the court will require the person’s appearance, because, at that point, some of the judges will consider jail time, especially if the person lives in the area. If you need to appear in court for reckless driving, learn more about the Virginia Beach reckless driving court process and consult with a skilled reckless driving attorney.

Reckless Driving Cases in Court

If an individual is charged with reckless driving in Virginia Beach, their case will be heard at Virginia Beach General District Court. The judges take reckless driving very seriously and are quick to remind offenders of the danger they put other people in through these kinds of actions. The prosecutors are actually not involved in reckless driving cases in Virginia Beach, it is the law enforcement officers who handle them.

They should be prepared to do a lot of background work because it is hard to really prove that a reckless driving did not occur if the officer says that it occurred. Officers are generally presumed to be telling the truth, which means any evidence they can find to support their case is very helpful. Individuals should be prepared to have their speedometer calibrated, to take some driving school courses, and possibly even do some community service before the court date.

Expectations for Court

If a person is charged with reckless driving, this is not something a person can take care ahead of time. It is a criminal charge. If a person chooses to appear on their own behalf without a lawyer, it is going to be treated as a criminal case. The person will be expected to enter a plea and follow the rules of evidence as if they were a lawyer and just like any other criminal charge.

Prosecutors and judges tend to treat reckless driving cases very seriously. Obviously, speeding on the interstate is different from speeding through a residential neighborhood. If the person is driving too fast at two in the morning, that is different from driving too fast at 8:30 in the morning when a school bus was picking up kids or in the afternoon when buses are dropping off kids. It is very fact specific and the speed also plays a big factor. When a person starts getting more than 30 miles over the speed limit, the judges and prosecutors are not as forgiving.

Consult a Defense Attorney

An experienced defense attorney will fight the case. They will try to prove that the officer or the trooper did not establish the person’s speed under the law, that they did not identify the person’s vehicle correctly, they did not use their equipment properly to get the person’s speed, or that they failed to establish something in order to proceed with their case against the person. The defense attorney will try to convince the judge to give the person a break.

Presenting good evidence on the person’s behalf, such as their driving record, can be extremely helpful, as well as what kind of work the person is involved in, their history, how the person interacted with the Police Officer, if the person is able to do any sort of driving course ahead of time before a court date and possibly get the person’s speedometer looked at. Things that make the judge understand that the person is not normally a careless person, but made a bad decision that day. A reckless driving lawyer understands the Virginia Beach reckless driving court process and can assist you during this process.