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What does the prosecutor have to prove in order for me to be convicted of reckless driving in Virginia?

If you've been charged with reckless driving, don't panic. A conviction is not guaranteed, especially if you have an experienced attorney on your side.

The Prosecutor's Burden of Proof

The prosecutor must provide specific forms of proof to get a conviction, depending upon what part of the reckless driving statute you've been charged under.  For example, if you were charged with reckless driving by speed, the prosecutor must submit evidence of your speed and proof that the device used to measure your speed was working correctly. If you were charged under the general statute saying you were driving in a way that endangers the life, limb, or property of others, the prosecutor may introduce the testimony of the arresting officer or other witnesses on the road in addition to any applicable dash cam or surveillance video footage. Testimony regarding your demeanor at the time of the traffic stop or statements you made to the arresting officer can also be introduced as evidence if the prosecution feels it is relevant.

Regardless of what section of the reckless driving statute you were charged under, the prosecutor must provide proof that you are guilty beyond a reasonable doubt. In cases where evidence is open to interpretation, the charge is typically reduced or dropped because the prosecutor can't meet the required burden of proof.

How an Attorney Can Help

An experienced attorney can help you present evidence to counter the prosecutor's argument. This may include a speedometer calibration to disprove or argue your alleged speed, evidence of improper signage in the area where the offense occurred, or evidence that your actions were the result of a medical emergency or some other necessity.

Since reckless driving is a criminal offense that carries stiff fines and the possibility of jail time, it's in your best interest to investigate every possible way of building an aggressive defense. Virginia attorney T. Kevin Wilson is committed to helping drivers protect themselves following a reckless driving charge. Call today to schedule a free, no-obligation initial case review. 

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