A reckless driving charge can greatly affect your life if it is not handled aggressively. If you are found guilty, you will face fines, driving restrictions, and possibly jail time. Also, you may face an increase in auto insurance premiums and criminal records that could affect your future education, employment, and even your residency. It is imperative that you work with a professional who can fight for you and prevent you from having long-term consequences in your life.
According to a VA reckless driving attorney, anyone who drives a motor vehicle or a moped with manifest recklessness and puts the life or integrity of people in danger shall be punished by imprisonment for a term of six months to two years and deprivation of the right to drive motor vehicles and mopeds for more than one and up to six years.
For this precept, the conduction in which the circumstances provided for in the first section and the second paragraph of the second section of the preceding article shall be considered manifestly reckless.
Driving at a speed greater than 60 km/hour in urban roads or 80 km/hour in interurban roads to those allowed by regulation, and with a positive alcohol level or under the influence of alcohol, drugs or narcotics, says a reputable VA reckless driving attorney.
The Law presumes that when both circumstances occur together, there is reckless driving. But beware, all the elements of the type must be given, i.e. excessive speed, Breathalyzer, and concrete danger for the life and integrity of the people, since the presumption refers to recklessness exclusively.
The precept is included in the chapter on crimes against road safety, and therefore, are crimes of mere activity, risk, abstract danger, in which criminal law anticipates punishment for behavior that may cause a harmful result. Although in many cases they will be accompanied by harmful results (from injuries to deaths), they are not required to be present so that these crimes are committed, says a reliable VA reckless driving attorney.
The same happens with drug trafficking. It suffices that a sufficient amount is possessed so that the offense can be taken as committed, without the accused having to be discovered in the same act of trafficking. The criminal norm is anticipated and condemned because an abstract risk is potentially being generated.
We will see that the defense and legal accusation of the defendant for this type of behavior will move based on the principle of typicity, and procedurally, based on the accusatory principle. In the scope of the evaluation of the evidence, as always, we will be at risk of the Judge giving greater credibility to that of one party than to the other, which is why we must assume our last line of defense or accusation.
In case you or your loved one has been accused of reckless driving charges, it is highly important to retain a reliable VA reckless driving attorney to help get the best outcome in your favor and defend your rights proactively. Make sure the lawyer you choose has extensive experience of handling similar cases in the county where your case is under consideration.