Reckless Driving “Too Fast for Conditions” Charge Dismissed in Chesterfield
Reckless Driving “Too Fast for Conditions” is defined in the Code of Viriginia in section 46.2-861 and states:

§ 46.2-861. Driving too fast for highway and traffic conditions. A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

In this situation, my client was charged under 46.2-861 due to heavy rain conditions, as stated by the officer. The two favorable options during the trial in Chesterfield General District Court were to either get this charge reduced (so that it was no longer a misdemeanor) or try to get it dismissed. I opted to try for a dismissal after hearing the the facts of the case.

On the day of court, the trial began with the officer presenting his side of the story. I then argued that his definition of “driving too fast for conditions” did not meet the statutory requirements. After hearing both sides of the case, the judge ultimately decided to dismiss the ticket.

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