Reckless driving is a criminal offense, so the Commonwealth has to prove your guilt beyond all reasonable. Just like any criminal case, there are possible defenses. Below are just a few.
Officer’s observations
The first group of defenses focuses on the officer’s observations of your driving. The ticketing officer is usually the only witness against you on a reckless driving charge. We certainly want to examine what the officer saw (and remembers) with a fine tooth comb.
We may be able to cast doubt upon key points of the case, such as:
- The officer’s identification of your vehicle
- The officer’s observation of specific driving behaviors
- Whether or not the officer actually identified you as the driver
Calibration records
If you are charged with reckless driving by speed, the officer has to prove that his speed measuring device was calibrated no more than six months before your stop. We may be able to fight your reckless driving charge based on issues with the calibration records.
Speedometer problems
The law allows us to use a calibration of your speedometer to reduce the speed you’re charged with. Some people’s speedometers may be off, showing them an inaccurate speed reading. If we can prove that with a calibration report, we can argue that the judge should reduce your speed by the number of miles per hour that your speedometer is off.
Insufficient evidence
In any reckless driving case, we might be able to argue that the Commonwealth hasn’t met their burden of proof. This especially applies in accident cases.
Many single vehicle accidents result in a reckless driving ticket. But the Commonwealth still has to prove that the driver actually did something wrong. If there is not enough evidence of wrong-doing to support a reckless driving conviction, we can argue that the judge should dismiss the case.
Other defenses
These ideas only touch on what’s possible with a reckless driving case. The best way to find out particular defenses for your case is to consult with a traffic attorney. Give me a call, and we’ll talk.
