Can I be arrested for reckless driving if the police officer didn’t witness me doing anything wrong?

Although many Virginia drivers do receive reckless driving citations after a police officer sees them speeding or engaging in other unsafe behavior, an officer doesn't necessarily need to directly witness unsafe behavior to issue a ticket. After an accident, it's actually common for the driver who is thought to be at fault to be charged with reckless driving once an officer arrives on the scene.

Reckless Driving Charges Following an Auto Accident

Although officers generally have a fair amount of discretion when issuing reckless driving citations, this is not the case if an accident occurs. After a car accident causing injury or property damage, officers are considered duty-bound to issue some sort of ticket to the driver thought to be at fault.

In many cases, the officer charges the driver thought to be at fault with reckless driving. Since reckless driving encompasses so many different behaviors, this is the charge that's used as a catch-all if the officer isn't exactly sure what happened. You can be charged under the state's general reckless driving laws or under the statute that governs failure to maintain control of your vehicle.

Defending Against a Reckless Driving Charge

If you've been charged with reckless driving, it's important to remember that the facts surrounding an accident are rarely black and white. Providing a reasonable explanation for the accident can reduce your culpability by showing that you weren't engaging in deliberately reckless behavior.

You may have lost control of your vehicle, but it's possible that poor weather, improperly maintained roads, or sudden mechanical problems played a factor in the accident. Swerving to avoid a deer or a child who ran into the road could cause an accident that wouldn't be your fault. Medical emergencies are another example of a contributing factor that you may need to address.

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