Resolving Reckless Matters in Virginia
Traffic enforcement dropped off almost everywhere during 2020 coronavirus lockdowns. However, in Virginia, that 2020 drop was part of a long-term trend. Since 2018, traffic enforcement has dropped 20 percent in Virginia. Probably not coincidentally, the number of fatal crashes has increased by nearly the same amount during this period. Many police officers are determined to reverse this trend, and many prosecutors are committed to support this effort.
Therefore, speeding tickets and other traffic infractions are harder to resolve. Reckless driving cases are especially hard to resolve. These violations are misdemeanors, not just traffic tickets. Therefore, standard resolutions, like traffic school, are unavailable. Nevertheless, there’s still a presumption that the punishment should fit the crime. Therefore, a Leesburg criminal defense lawyer has several resolution options in these cases, most of these options reduce or eliminate the harsh indirect and direct consequences of a misdemeanor conviction.
Negotiated Settlements
Pretrial diversion, deferred disposition, and Section 869 reductions are the most common negotiated settlements in reckless driving cases.
Pretrial diversion is a pause button. Prosecutors agree to suspend the case while the defendant attends a class, pays a fee, and completes a few other requirements. If the defendant meets all program requirements, prosecutors dismiss the case, and matter is closed.
For defendants, pretrial diversion is a no-risk resolution. If the defendant fails to complete program requirements, for any reason, prosecutors simply resume the case.
Deferred disposition is like moving a photo to the trash can. Deleting photos doesn’t make them completely disappear, but it does remove it for most purposes. Deferred disposition doesn’t affect the arrest record, but it removes a conviction record – assuming the defendant successfully completes probation.
Unlike pretrial diversion, deferred disposition is risky. If the defendant violates probation, perhaps by receiving another reckless driving citation, the judge can sentence the defendant to the maximum.
For a Leesburg criminal defense lawyer, a Section 869 reduction is often a good alternative to deferred disposition. An attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court’s decision and shall notify the court of such change. Improper driving is a traffic infraction punishable by a fine of no more than $500.
Trials
Single-witness cases are the easiest for prosecutors to win, especially when that single witness is a police officer. Because they testify in court so many times, and frequently receive training in this area, police officers are basically expert witnesses.
Most reckless driving cases aren’t single witness cases. In fact, they often rely on civilian witnesses. After extensive delays, these witnesses often lose interest in the case and refuse to cooperate with prosecutors. The state can subpoena uncooperative witnesses and force them to testify, but they only exercise this power in extreme cases.
Stale reckless driving cases are even harder to prove. If the defendant skips bail and the judge issues a warrant, several months or years usually pass until officers serve that warrant. By that time, the arresting officer has usually left the police force and is unavailable to testify at trial.
Alternatively, these officers may have no independent recollection of the event and are therefore incompetent to testify in court.
Work With a Diligent Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.
Source:
vscc.virginia.gov/Annual%20Reports/2023%20VSCC%20Annual%20Report-%20Motor%20Vehicle%20Pedestrian%20and%20Bicylists%20Fatalities.pdf
