Traffic Lawyer in Virginia Beach

If you are charged with Reckless Driving in Virginia Beach then the government must establish that the offense occurred on the correct offense date. Aside from the very self-evident reasons, it is also important for the government to establish the correct offense date because in the State of Virginia the Statute of Limitations for a misdemeanor is 1 year as seen in VA Code §19.2-8, which states in pertinent part of the first paragraph:

“A prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penalty or amercement, shall be commenced within one year next after there was cause therefor…“

Therefore, without the offense date one could make the argument that it is not even clear whether or not the court has jurisdiction over the case due to the statute of limitations implications.

Furthermore, if you are in a trial for a Reckless Driving by Speed charge and the officer fails to mention any offense date then your lawyer should make a motion to dismiss.

Another thing to watch out for is if the officer says the incorrect offense date; and if this too happens then your lawyer should make a motion to dismiss. The reason your lawyer should move to dismiss on an incorrect offense date is because it casts a reasonable doubt, perhaps you even have an alibi for that incorrect date.