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.

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.