• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Charged Reckless but it wasn't Reckless

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

W

WaveHound

Guest
What is the name of your state? Virginia

It was Sept. 1st 12:15am and I was driving home from my friend's home which is about 5 miles away from my home. The road was a little wet and obviously it was dark outside. Well I was driving on Route 1 and then turning off into the ramp to I-95. As I was driving up the ramp and getting ready to merge into 95 my car slipped on something and started to move left to right and then finally spinning my car across 95 into the median's ditch. I didn't hit anything or anyone and my car was fine other than having to be pulled out of a ditch so I could drive back home again.

Well my problem is that a cop drove by and took advantage of the moment. He asked me how fast I was going and I replied I didn't know because I am not paying attention to my speedometer while trying to merge into 95. I told him my story and then we talked in his car and he told me that he couldn't let me go without anything so he wrote me up as an accident and reckless driving. I don't believe I was driving recklessly nor was it an accident. Just there was something there and there wasn't much I could do about it, it could of been oil, rocks, a big puddle, maybe little of everything, I don't know but not much I could do about it.

So my question is, was I charged correctly and what are my chances of being dismissed or lowering the charge? I personally feel that I should be dismissed because I don't believe I did anything wrong. So if I can get some pointers on what to say to the judge to get out of this.

Thanks
 


racer72

Senior Member
The description of reckless driving is failure to maintain control of a motor vehicle. I would guess that includes spinning a car into a freeway median. Do you have any proof of extenuating circumstances that could have caused the accident? If it was just a wet road, you were going too fast for the conditions. I would suggest you talk to a local attorney.
 
W

WaveHound

Guest
Well only thing that I have proof of is that my car was worked on the week before and I did have my tires rotated, don't know if that would have any effect on what happened. Only thing that I can think of is what I stated as in that something could of been there, which is a possible because some cars drive really slow on the ramp and they might have a leak and that could put oil on the ramp and water and oil mixing together isn't the best combination. On the other hand a vehicle could of parked near the ramp and then as they pulled off shot some rocks onto the road. It is all possible factors that could of happened and there wasn't any witness and the cop didn't inspect the ramp or anything on the road other than checking my vehicle. He didn't want to be out inthe rain any either. I haven't had anything happen to me for over 3 years now and again I didn't hit anything, didn't damage my vehicle, only thing is my vehicle is rear wheel drive and the tires aren't aqua treds as my past vehicle. Just don't see why I should get a ticket for nothing, I believe there is a good reasonable doubt that there was something on the road because I have driven on that road many times before and I have done nothing different from many times before.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top