Legal Question in Traffic Law in Virginia

Need Attorney-Got in Accident -Reckless Driving

I have a crazy situation. A week ago I was in a really bad car accident. It was my fault i was distracted and ran a red light which caused the accident. I had only one drink and was given all the tests ( walk in a straight line, touch my nose ..etc) I then blew my breathalizer and blew a .06. I was not arrested but the officer gave me reckless driving because he said he smelled the alcohol on my breath. Is this possible? Can he bring up the fact that i had been drinking in court if i wasnt given a dui and it says nothing on my ticket about drinking? Do you think I can get this charge lowered? I am searching for an attorney that can help me. My court date is Oct 13th-Thanks


Asked on 9/14/05, 10:37 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Need Attorney-Got in Accident -Reckless Driving

Yes, you should be able to get a less serious disposition and the officer's claim to have detected alcohol on your breath would not provide a viable basis for the reckless driving charge.

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Answered on 9/14/05, 11:36 pm


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