3. Thinking You Can Argue the Case Yourself With the Judge
Judges hear hundreds of cases in a single morning. They sit and listen to cases day in and day out. Judges are fair and they follow the law. You may think you have an interesting argument to make, but they have almost certainly have heard it before. If you were planning on making the following arguments, you may want to consult with a lawyer first:
- I did not know how fast I was going (this does not matter; reckless driving is not a specific intent crime).
- The officer did not read me my rights (this is not required in a traffic stop,).
- The officer did not show me my speed on his radar or laser gun (this right was eliminated from the Virginia Code in 2007).
- I was just keeping up with traffic (not a defense).
- Everybody else was going just as fast or faster (not a defense).
- I was being tailgated (not a defense).
- I had an emergency or had to go to the bathroom (not a defense).
- I have a clean record (not a defense, but can be helpful to an attorney in negotiating with the prosecutor).
- I was going downhill, had larger tires or a defective speedometer (not a defense).
- My speedometer wasn't working (not a defense)
- I don't think I was going that fast (the officer will have a calibration for his radar or laser which will prevail over what your speedometer said)
There are ways to approach a reckless driving case. However, the above arguments will not work with a judge.
Continue to Part C of this article.
Call 703-556-0004 or email through our Contact Us page to schedule a free, no-obligation consultation with a Fairfax Virginia reckless driving charge defense attorney. Kyle Manikas will analyze your Fairfax case from the perspective of a former prosecutor who has an inside understanding of the Fairfax system you will face.