Are There Defenses To Reckless Driving?
Did you receive a citation for reckless driving in Georgia? Not only could you be facing charges, but you may also have to deal with the expansive cost of added penalties. So what defenses might your criminal defense attorney use to defend you?
You Were Not Driving The Car
First things first, in order to be convicted of reckless driving, Cobb County law enforcement must actually prove that you were the driver of the vehicle. In common practice, law enforcement would testify that when they approached the vehicle, you were the individual sitting on the driver’s side of the car.
This may seem cut and dry, however, in the event of a motor vehicle accident, lines get blurred and it is entirely possible that the officer was mistaken as the vehicle may have been vacated prior to the officer’s arrival. In this case, it is possible that law enforcement did not witness the actual accident.
If you and your passenger were taken from the scene for medical care, no one would have been in the driver seat at the time of the officer’s observations of the accident scene. Any information received may have come from a witness and that can be challenged.
Improper Calibration Of Radar Equipment
Law enforcement must attest to the fact that their equipment has been properly cared for, maintained, and correctly calibrated and working at the time it was used and resulted in a stop. Your attorney will be able to question law enforcement about how accurate their equipment is and it is possible that the result of that radar scan may not go on the record. Law enforcement does a great job of enforcing the law however, they may not have a technical team supporting preventative maintenance and repairs on their equipment, therefore, it is not likely that they can answer your attorney’s questions in a manner that would harm you, in other words, the radar can be challenged in court and may be successful.
Urgent Family Matter
Every family will face an emergency and in those times of need, one may operate a vehicle with an urgency that is liable to result in a reckless driving charge. If you were en route to a medical facility or another emergency, you may be able to find some legal reprieve as it provides a reasonable explanation for the urgency of your speed and the reckless driving.
Contact an Attorney
Reckless driving is not a simple speeding ticket, it \is a mile more previous and can be accompanied with added fines and penalties. It is important to understand how to defend yourself. Get compassionate and experienced legal guidance, call our office today.