NOTE: CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND PAST RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN FUTURE CASES

Recently I went to court for my client charged with reckless driving in Sussex, Virginia for driving 56 mph in a 35. My client did not have a very good record at all. In Sussex, Virginia reckless driving cases are definitely more difficult with a driving record that is not perfect. In addition, while the reckless driving top end speed of 56 mph was not high, the differential of being 21 mph over the limit is high and it is in a lower speed limit zone.

I have had judges tell me that they view 56 mph in a 35 as being more serious even than a 91 mph in a 70 because you are not on a two lane divided highway. As a reckless driving traffic lawyer specializing in traffic court and traffic law it definitely helps to know the judge and know the facts of the case as small things can tip the balance on a reckless driving or speeding case. In some cases driving school helps, and in some it doesn’t. The same can be said for community service and speedometer calibrations. In Sussex, Virginia for this reckless driving case I made recommendations to my client before trial.

At trial my client did not appear and I entered a plea of not guilty on the client’s behalf based on my evaluation of the evidence the Commonwealth had in this particular case. Sometimes the evidence is insufficient and the Commonwealth just cannot proceed with the case. I did not anticipate this result and proceeding in this fashion but when I got to court I saw the case could not be proven against my client. Sussex, Virginia traffic court handles a lot of reckless driving and speeding cases and this is not the first time I have been in court where I entered a not guilty plea and won the case. I went to court one time at a high speed where the judge would not reduce based on prior experience and so I interviewed the officer to determine whether they had the proof necessary to win their case and they did not. The officer lied to me and told me the court had his calibration but I knew in Sussex that was not true. After a full trial the officer could not prove my client was guilty of reckless driving in Sussex, Virginia and my client won.

With this particular case, I knew the Commonwealth could not win their case of Sussex, Virginia reckless driving by speed and entered a Not Guilty plea. The judge had to dismiss the case against my client. Not every case will turn out this way and in fact most do not. Many cases end up getting reduced because the judge exercises mercy. However, it is important that your attorney does their research to determine the strength of the case against you. I once witnessed a lawyer from a high volume law firm with a low price guarantee enter a guilty plea on a case where the officer had been fired and the officer was never coming back. In a case like that you HAVE to enter a not guilty plea because there is no way the case can be proven. The judge even tried assisting the lawyer and said, are you sure you want to enter a guilty plea? The attorney did not get the hint.

Any diligent traffic lawyer will be checking the Commonwealth’s case in each particular case to see if they can prove their case. Reckless driving is too serious of a charge to take lightly because it carries significant consequences. With diligent effort, dismissals will follow in some cases.


Categorised in:

This post was written by danielpleavitt

Comments are closed here.


Daniel Leavitt Picture

Written by:

logo thumbnail

Published by:

on