Injury In Idaho

What to Do If You Are Charged with Reckless Driving

Reckless driving is a serious charge that can come with major legal consequences. When you are charged with reckless driving, you are being charged with disregarding both technical and common sense traffic rules. Examples of reckless driving include:

  • Tailgating
  • Swerving between lanes
  • Speeding
  • Running red lights or stop signs
  • Refusing to allow another vehicle to pass
  • Not paying attention to the road
  • Drinking while driving.

A reckless driving charge often involves a combination of two or more of these things.

Consequences of Reckless Driving

If you are convicted of reckless driving, you could be fined, imprisoned, put on probation, or have your license suspended. A reckless driving charge is almost assured if you are going twenty miles per hour over the speed limit, drag racing, disobeying a police cruiser, or driving dangerously in inclement weather conditions.

This charge will almost definitely cause your auto insurance company to raise your rates. The first thing you should do when you’re charged with reckless driving is contact your attorney. If you don’t have an attorney, you may wish to hire one immediately.

Reckless Driving is a Criminal Offense

According to NHTSA.gov, lawmakers are adamant that reckless driving be treated as a criminal offense, or an offense that will land you in jail, as opposed to a civil infraction for which you would simply be ordered to pay a fee. Reckless driving is a misdemeanor that can go on your criminal record, and could come up on a background check, causing you all kinds of trouble in the future.

The only time a reckless driving charge can be a positive thing is when a charge of driving while intoxicated is reduced to reckless driving, since the penalty for a DUI is more severe than the penalty for reckless driving. It may seem strange, but in this case you would actually ask your experienced criminal defense lawyer you trusts to help you receive a reckless driving charge.

In all other cases, you will want your attorney to attempt to get the reckless driving charge dropped completely, or lowered to something less severe, such as improper driving, which is only a three point traffic infraction. As another example of a lesser charge, the judge could require you to attend a driving improvement class.

Hiring a Lawyer

Hiring a lawyer could be crucial, since he or she may be able to inform you of all your possible defense options. A lawyer will also be familiar with the dispositions of the prosecutors and judges, and may advise you on the best plan of action when dealing with them. Going into court without a lawyer could leave you defenseless, and is not advised.

There are a few different ways your lawyer might be able to defend you in court against a charge of reckless driving. Some possible defenses are the GPS defense (where a failing GPS is responsible for bad driving), the location defense (where a dispute is made regarding whether the incident took place in the proper county or city), the highway defense (in case the incident did not occur on a road technically considered a highway), and all manner of defense tactics regarding the speed limit.

If you get pulled over for reckless driving, make sure you’re polite and apologetic to the police officer, keeping in mind that you will likely see this officer again during your trial.

Before you give up hope and plead guilty to a reckless driving charge, keep in mind that you can benefit from the help of an experienced attorney, even if you know you are guilty. At the very least, you might be able to get the charge reduced.

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