Scenario 1: Accident Cases
In this common situation, the officer arrives to the scene of an accident,
performs an investigation and then decides, based upon the information
gathered, to cite a driver with reckless driving under the general rule. However,
evidence of an accident itself is not sufficient to conclude that someone was
driving recklessly. In this scenario, the
officer is most likely relying on witness statements as to what happened since
the officer would not have observed the accident. A key to success under this
scenario includes careful analysis of witness statements and thorough
questioning on the extent of the officer’s investigation.
Scenario 2: Behavior Cases
In this situation, the officer observes the driver engaging in a combination
of dangerous driving behaviors. This typically includes various combinations of
speeding, weaving in and out of traffic, failing to use a signal, cutting in
close to other cars, switching across multiple lanes and other types of
dangerous driving behavior considered reckless. This becomes more problematic
when done in combination with bad weather conditions or heavy traffic. Whether
a conviction will occur under this scenario depends upon the degree to which
life, limb or property is endangered by the behavior. A key to success under
this fact sensitive scenario includes careful questioning of the officer’s
observations to determine if the behavior in fact rises to the level of
reckless driving under this Virginia
code section.
Scenario 3: Estimation Cases
Under this scenario, the officer observes a vehicle traveling at what the
officer estimates to be a high rate of speed. The officer’s speed estimation
places the vehicle at a speed well above 20mph of the posted speed limit. However, the officer is unable to track the
vehicle with radar or initiate a pace, but is successful in pulling the vehicle
over. Since the officer is convinced the
driver was at a speed well above 20mph of the posted speed limit but does not
have an exact speed reading from a device, he may charge the driver under the
reckless driving general rule. As with
the other scenarios, a key to success will include careful questioning of the
officer’s observations and technical skills at speed estimating.
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