Protecting oneself against reckless driving charges is difficult. Defending against a reckless driving charge is difficult, particularly in Virginia, but a knowledgeable attorney may be able to help your case. Call and consult with a Virginia reckless driving lawyer to learn how speedometer calibration may be able to help you.
Speedometer calibration means you take your vehicle to a shop, preferably to one that has a dynamometer. A dynamometer is an instrument that allows the speedometer of your vehicle to be calibrated.
A dynamometer allows your real speed and your displayed speed to be compared. If the real speed is in excess of your displayed speed, that makes the calibration in your favor. If the real speed is less than or equal to the displayed speed, then your speedometer calibration will be not in your favor. Certified speedometer calibration is typically not an absolute defense if you are charged with reckless driving by speed or even for a speeding infraction, but it does act as a mitigating force in attempting to reduce your potential exposure, especially in high-speed cases.
Speedometer calibration is available for under $100. Depending on your locality, there may be a variety of shops that do it or there may be very few. Contact an experienced reckless driving attorney in your area to help find shops that may be convenient to you. For out-of-state drivers speedometer calibration may be harder to accomplish as not all states have auto-mechanics that have dynamometers or similar equipment available.
A lawyer may recommend this because it gives us another tool in our arsenal of defenses. For example, if the calibration shows that your speedometer was 4 miles off in your favor and you are charged with travelling at 82 mph in a 55-mph zone, then you may be able to present to the prosecution that you were really going 78 mph or you only had knowledge that you were going 78 mph in a 55- mph zone. This in itself may not seem like much, but certainly lowering the mph at any point gives the attorney a positive foothold toward better mitigation. If the speedometer calibration moves your speed under the reckless driving threshold, that may be very important as well.
You are considered responsible for your vehicle and its proper calibrations. If you have a verified speedometer calibration that shows the error in your favor, it is typically not an absolute defense for reckless driving by speed. However, this calibration may reduce the evidence against you to get the case in your favor or it may reduce your time.
It is a mitigating factor. This means it can be presented to the prosecutor and or judge during the mitigation process.
If you are looking to have a speedometer calibration, it is not a good idea to go to a dealership or to local chain service stations, such as Jiffy Lube. Most local chain service stations are not going to have the equipment necessary or the notary public available to perform a certified speedometer calibration. In addition, your dealer is going to be checking to see if your speedometer was working properly. If it is not working properly, then they are going to want to replace the part. For certain types of speedometer calibrations, you are not looking to replace the part, but you are merely looking to whether the speedometer was showing an inappropriate display versus your real speed.
Northern Virginia Criminal Defense Group
