Mitigation Evidence In Reckless Driving Cases


When charged with reckless driving there are many items that can be completed before the court date to help ensure we are able to obtain the best possible outcome in court. When considering a reckless driving case the court will first inquire as to the details underlying the allegations. For speed related cases that inquiry will usually revolve around the alleged speed and the interaction with the officer. For accident cases, the court will inquire as to the details that lead to the accident occurring and of course demeanor issues with the officer as well. For either of these circumstances the first and best piece of mitigation evidence would be a clean driving record. The court is typically going to be much more lenient and willing to work with an individual with a clean driving record as opposed to one who has a pattern of prior violations.

Second only to a clean driving record, the next best item in mitigation would be a favorable calibration indicating your speedometer was reading a couple miles per hour slower than you were actually traveling. A favorable calibration will put us in a much better starting position in front of the court and in many cases can lead to a better outcome than we would otherwise expect.

A close third behind the calibration is the completion of driving school. There are two primary varieties of driving school accepted in Virginia courts. The first is the more typical 8-hour course that we will typically use for cases without too egregious of facts. For higher speed situations or other circumstances with more egregious facts we will often request the completion of the 12-hour reckless/aggressive driving school. In some cases these courses will be required for a reduction. In other cases we can use these courses as a tool to convince the court to provide a better result than they otherwise may be inclined to move forward with.

These and a few other tools can be invaluable to ensure that we are presenting the best case and able to obtain the most favorable outcome. In some cases these items may have little to no effect at all. Therefore, it is extremely important to speak with an attorney familiar with the court you are scheduled to appear in and the judge who will be presiding over your case. Please feel free to contact me today to discuss your case and what mitigation evidence may be best for your case, (804) 451-6033 or