Fighting felony traffic violations is a different type of fight than when simply challenging the validity of a commonplace speeding ticket. Again, it is important to recognize how each U.S. state has its own reckless driving laws. For example, in the state of Virginia reckless driving charges are recorded as misdemeanors or felonies based solely on the decision of the judge presiding over your case.
The uncertainty of the outcome of a reckless driving charge in Virginia is referred to as a wobbler charge and exhibits another reason why hiring a reckless driving lawyer is crucial to getting the best result for your case.
Many times, a reckless driving charge is elevated to a felony charge when injury or death is caused by your driving decisions.
In Virginia again, a reckless driving offense is elevated to a felony charge when the offending driver is also driving with a suspended or expired driver’s license.
The punishments for felony traffic violations are severe. Jail time, probation, high fine amounts, license suspensions/revocations, high points on your driving record and increased insurance rates are all possible consequences.
Fighting felony traffic violations is therefore crucial to do when possible. What are the best possible resources for fighting felony traffic violations?
Hiring a reckless driving lawyer or criminal attorney is an important step. Misdemeanors and felonies are handled in criminal courts. One way of beating charges against you is for the arresting officer to not show up for the court date. This rarely occurs, but when it does your case is almost always dismissed. Relying on such luck is not the best way to fight a felony traffic violation, however.
By consulting with your attorney, it is possible to potentially challenge the observations and decisions of the arresting officer.
Occasionally the evidence against you is both subjective and circumstantial and if a judge finds it insufficient to indict you.
Instead of putting your word directly against the word of your arresting officer, it is often more effective to contest whether the officer was in the best position to accurately determine fault or make accurate judgment against you. Mistake-of-fact defenses are also effective when provable and accurate. A stop sign blocked by tree branches is an example of a mistake-of-fact defense.
For example, you cannot stop for a stop sign you are unable to see due to visual impairments beyond your control. A final way to fight felony traffic violations is to prove your actions were necessary to avoid causing even greater harm. For example, swerving to avoid a child pedestrian running in front of your vehicle, resulting in property damage is grounds for a dismissal of the charges.