2nd Jul 2012
Note from Virginia Reckless Driving Attorney John Naumovski
The likelihood of getting a dismissal or reduction in a Virginia Reckless Driving Case depends on many factors. Some of these factors can not be controlled (who the judge will be, who the trooper that pulled you over or who the prosecutor (also known as the Commonwealth Attorney) assigned to your case will be. Other factors involve past actions or events, for example whether you have a good driving record or not and statements that were made at time of the stop (did you confess how fast you were going?).
Other factors are in your control and the most important factor is who you decide to have next to you during this process and in court. As a law firm focusing in Virginia traffic law and in particular Virginia reckless driving, the law firm works hard to obtain the most favorable outcome possible. Unlike other attorneys, who may only do traffic law as a side field of law to supplement their main practice, the law firm works closely with its clients up to and including the day of the trial.
A multi-defense strategy includes:
•Minimizing and neutralizing negative factors working against our clients. For instance, if the client has a bad driving record, then it is studied it to see if it can be spun in a more favorable light. Was the client represented in the previous traffic offenses or did the client just prepay the traffic violations (would argue that those charges although resulted in default guilt at time of payment, were not tried on there merits). Another example would be if a client is a young driver and which often judges will treat that person’s case harsher due to lack of a driving record and also to get a point across to the client that his or her driving behavior needs to change, instead try to focus on how a reckless driving conviction can essentially cut off a lot of future opportunities which the court should consider prior to making a decision.
• Maximizing the factors that work in favor of our clients, which can be many and depend on each individual client’s case.
• Carefully reviewing the events surrounding the stop by the officer or trooper. Did the Officer or Virginia State Trooper properly determine speed using either PACING or radar, what type of radar was used, and does the Officer or State Trooper have the necessary documentation to proof that the speed obtained is admissible in court? If it is determined than there may be issues regarding the Trooper or Officers use or understanding of radar and its underlying technology, then the law firm can obtain a copy of the Radar manual used by the Trooper or officer and question him or her during the trial.
• Based on all the factors favorable and negative in a clients case, do an assessment with the client on what might be the best way to proceed. The options can include, having the client take some pre-trial steps (e.g. driver improvement course, getting calibration for vehicle), having the case decided by the judge, or trying to come up with a plea deal with the Commonwealth Attorney or trooper/officer.