Traffic Lawyer in Virginia Beach

If you are charged with Reckless Driving in Virginia Beach then the government must establish that they got the right person. This rule is spelled out in the Virginia Model Jury Instruction Number 2.110.

“The Commonwealth bears the burden of proving beyond a reasonable doubt the identity of the defendant as the person who committed the crime charged. If the Commonwealth has not met this burden, you shall find the defendant not guilty.“

(Virginia Model Jury Instructions - Criminal, Instruction 2.110)

Therefore, if you are in trial for a Reckless Driving by Speed charge then make sure that the officer actually identifies you in court as the person they pulled over. An example of a sufficient in court identification would be something like this:

“I pulled over John Doe and he is standing in court over there next to his counsel.”

If the officer fails to identify you correctly in court then your lawyer should make a motion to dismiss the case.