Traffic Lawyer in Virginia Beach

Are you charged with Reckless Driving by Speed in Virginia Beach?

If so, Attorney Matthew Barbero is a traffic lawyer in Virginia Beach who regularly handles Reckless Driving by Speed charges.

In order for you to be convicted of Reckless Driving by Speed the government must prove each and every element of the offense beyond a reasonable doubt. What are the elements of the offense? Well, if we look at the Virginia code section for Reckless Driving by Speed VA Code § 46.2-862:

“A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.”

Therefore, in that code sections we can see that the elements of the offense are:

(1) Driver

(2) Highway

(3) Motor vehicle

(4) Speed of either (i) 20 mph over the applicable maximum speed limit or (ii) in excess of 85mph over the speed limit regardless of the applicable maximum speed limit

Therefore, the government must prove each of the above 4 elements beyond a reasonable doubt in order for you to be convicted. Conversely, if the government fails to prove any of the above elements beyond a reasonable doubt then the charge should be dismissed.

Additionally, there are some other things that the government should prove as well; and once again, if they fail to prove these other things the case too should be dismissed. The other things I’m referring to are:

Jurisdiction

Officer in Uniform or Displaying Badge or Sign of Authority

Offense Date

Identify the Accused as the Perpetrator

If Speed Determined by Radar or Lidar then Calibration of Accuracy

If Speed Determined by Pacing then Calibration of Officer’s Vehicle Speedometer

*Please note, the above list is not exhaustive.

If you do a trial on your reckless driving charge and win, your charge will be dismissed and you will not have to pay fines and you will not have to pay court costs and you will not get any points on your driving record. What happens if you lose the trial? What happens if you don’t do a trial but instead plead no contest? In either of those scenarios you may still be able to ask the court for a reduction.

What are the most common reductions?