There are many different forms of reckless driving in Virginia . The most common form not based on speed is code section 46.2-852 - general reckless driving. This form of reckless driving requires the prosecutor to prove that the driver operated his vehicle in a manner which endangered someone's safety or property.
Accidents, Falling Asleep at the Wheel, Erratic Driving
This is often charged where there has been an accident or someone fell asleep at the wheel, was tailgating, changing lanes erratically or without using a signal. It is charged in almost any situation where the driving behavior arguably created a possible danger to a person or property.
Borderline Drunk Driving
One other area where you see general reckless driving charged is where someone is stopped for suspicion of drunk driving. The officer administers field sobriety tests and a preliminary breath test (on the side of the road). If the officer finds that the driver is borderline or below the legal limit, he may elect to charge a reckless driving.
This is an area that is prime for a strong defense if there was no driving behavior. There are a number of appellate court cases which indicate that the presence of alcohol alone is not enough for a reckless driving conviction.
Virginia Case Decisions Are Important to any Defense
In defending reckless general cases, it is important to have a good and complete understanding of the published case law. There are a number of very beneficial cases on the issue of accidents, falling asleep at the wheel, and the role of speed and alcohol in general reckless driving cases.
Fairfax Virginia general reckless driving defense attorney Kyle Manikas relies heavily on this law and it has brought his clients a number of very favorable outcomes.
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