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Motorcyclist Sees Reckless Driving Charge Dismissed

Even the most careful among us can experience a tragedy, but a misfortune doesn’t always demand criminal charges. In some cases, putting an individual through the criminal justice system is excessive and it takes a passionate legal advocate to set things right.

On a clear day, a middle-aged man from New Jersey was riding his motorcycle through Virginia’s Blue Ridge Parkway at a responsible speed with some fellow motorcycle enthusiasts, when he unexpectedly hit a small patch of gravel. The man had the wherewithal to avoid drifting into oncoming traffic, instead veering into a ditch, where he was thrown from his bike, causing serious injuries to his back. Despite his attempts to reduce the crash’s impact and his fellow riders’ accounts that he wasn’t careless, police officers visited him in the hospital and issued him a citation for reckless driving. Now, in addition to recovering, the man, who had been a longtime proponent of motorcycle safety was faced with the ramifications of a reckless driving conviction. Therefore, he reached out to the Roanoke traffic lawyers with Copenhaver, Ellett & Derrico.

Being well aware of the police’s policy to file charges in instances where accidents cause injuries or at least $1,500 in damages, attorney Michelle Derrico took the case and immediately began working to alleviate her client’s concerns. Attorney Derrico presented that it was the commonwealth’s responsibility to prove her client was driving recklessly. Since the prosecution could not show such evidence, the case should be dismissed. The judge agreed that the reckless driving charge could not be supported and dismissed the offense. Ultimately, the man was free to recover from his accident without the burden of an erroneous criminal charge, because he knew these types of situations are best handled by well-practiced traffic lawyers.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.