New Canton, VA asked in Criminal Law and Traffic Tickets for Virginia

Q: Is fear of life a defense against reckless speeding

I was cited for general reckless driving, speeding in excess of 30. It's in appeals after an unsatisfactory performance by a my defence. I was running from a domestic abuser, I was going to the domestic courthouse to seek protection. At the very least I'm aiming to have restricted use of my vehicle.

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1 Lawyer Answer
Bryan J. Jones
Bryan J. Jones
Answered
  • Criminal Law Lawyer
  • Charlottesville, VA
  • Licensed in Virginia

A: If it was necessary to save your life or to save yourself from serious danger, it could be a defense. But that would be very difficult to prove. The prosecutor will say that you should have called 911 instead of risking the lives of other drivers. It might be best used as mitigation. You could argue that it was a mistake, but given the circumstances, the charge can be reduced or the punishment should less severe.

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