Fairfax Reckless Driving By Accident Charges

Reckless driving by accident refers to a general reckless driving ticket, which is a catch-all category that any dangerous driving behavior might fall i to if it’s alleged that the driver was driving in a reckless manner that endangers life, limb or property. When this is charged due to the occurance of an accident, it’s generally because the officer is alleging that the cause of the accident was reckless driving.

If charged with this type of reckless driving, it’s important to hire a Fairfax reckless driving lawyer because there is case law that states that the mere happening of an accident is not enough proof that someone was driving recklessly. A lawyer can best argue that the behavior of the driver did not amount to reckless driving, and provide a strong cross examination of the police officer. The results of the case depend very heavily on the officer’s testimony and on the cross examination. It’s harder to defend yourself if you’re not aware of what information needs to be proven by the officer and if you aren’t familiar with the case law.

When Reckless By Accident Is Charged

Police officers often charge the person they think is at fault in an accident with reckless driving. Usually, this occurs when the officer believes the citation is necessary and there isn’t another traffic offense that fits the situation.

The accused’s driving may not have actually been reckless but if there’s property damage or someone is hurt as a result of this accident, then it’s very likely that reckless driving will be charged. Sometimes, police departments have an office policy of charging someone in an accident with a reckless. So, it may not be completely up to the police officer’s discretion whether he charged with somebody or not.

Is It Tacked On To Every Accident Police Show Up For?

Not necessarily. It depends on whether they have an office policy that requires them to issue a citation to somebody in an accident. Sometimes it’s very clear that no one was at fault in which case it would be less likely to be charged at all.

Legal Excuses For An Accident

The law does recognize that accidents happen and there isn’t always somebody at fault. Oftentimes with accidents, someone might be charged with something but there won’t be enough proof for a conviction in the end.

The fact that a collision occurred doesn’t mean that one of the drivers was doing something wrong to cause it. A collision could be because there was something in the road that the driver tried to avoid and had no other choice. It could be because there was a mechanical defect with the vehicle that the driver had no warning about.

Both of these things could mean the driver was not at fault and therefore, the driver may not be able to be found guilty.

Building a Defense in Fairfax

It’s important to determine why the accident ultimately occurred. Basically, the defense entails providing an alternate explanation for the accident’s cause rather than that the driver was operating his vehicle in a reckless manner. If there was another person involved, often they don’t appear in court as they would in a civil case. There is much less evidence to go on usually than there would be in a civil case.

What Kind of Steps Can An Attorney Take?

An attorney will help you get all of the facts and determine if there’s any evidence that suggests that the driver was guilty aside from the mere occurrence of the accident. An attorney will help you understand the law and what needs to be proven in court so that you can both work to piece together what actually occurred and what the best approach will be in court.

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