Legal Question in Traffic Law in Virginia

reckless driving?

A rainy day a car stopped short to make a left hand turn.

A mini-van behind him came to a screaching halt . This

caused a saniation workers SUV (SWSUV) to plow into

the mini-van and myself in a car behind the (SWSUV) to

slide into him. I nearly missed him but in the end did

slide on the wet road a hit into the (SWSUV) back end.

The mini-van was hit straight back on the bumper,

which had some damage to it. The damage to the front

on the county car was more. A police officer showed up

at the seen. No damage to my car, a ridge on the

(SWSUV) bumper. I was told from the police officer that

the man says he was stopped and I pushed him into

the mini-van, so he wasn't at fault. This is a total lie

because I saw the two cars in front of me hit and heard

it. I slid into the (SWSUV) after they hit. That is why the

damage is as such. The police officer said he believed

the (SW) by the damage. The officer never looked at the

road where we hit (we were all on another road). The

police gave me a ticket for reckless driving and in

quotes said improper driving.


Asked on 7/07/03, 9:08 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: reckless driving?

If you go to trial on the charge of reckless driving, the judge hearing the case will have the option, after hearing your version of the facts, and finding your culpability slight, may

in his or her discretion find you not guilty of reckless driving but guilty of the charge of improper driving, a much less serious offense (only a traffic infraction with a max fine of $500.00).

If you speak with the local prosecutor assigned to your case on the morning of trial, she or he will most likely agree to allow you to plead to the lesser charge and avoid trial, once you explain your side of the case.

If you feel strongly about your innocence and wish to contest the charge, then you should most likely be represented by competent defense counsel in order to have any chance of prevailing. (Your case is a classic example as to why every driver should carry a digital camera

in their vehicle in order to capture evidence critical to their case, evidence which, probably, was not captured in yours.)

Read more
Answered on 7/07/03, 11:21 pm


Related Questions & Answers

More Traffic Law questions and answers in Virginia