Reckless Driving: When to Talk to a Lawyer

Reckless driving, often a misdemeanor offense in most states, is characterized by operation of a vehicle in a dangerous or careless manner that exhibits willful disregard for the safety of other drivers, pedestrians, or passengers. Reckless driving charges, in the overwhelming majority of states, carry penalties that should motivate a driver to consult with a lawyer from the onset of the citation or charge. Not only do reckless driving offenses carry the possibility of a criminal misdemeanor charge in many states, but also, drivers face automatic license suspension or revocation, a relatively large number of fines and fees, license restrictions and points, significant insurance premiums increases, and in certain instances, incarceration. In light of the severity, most drivers consult with a lawyer to learn more about their legal rights, how to contest a reckless driving charge, and if necessary, how to plead down reckless driving charges.

The Origin of Reckless Driving Charges

The ability to defend reckless driving charges widely varies on a case-by-case basis, however, it is important to note that a majority of reckless driving charges is in conjunction with other criminal offenses or some form of tort action. For example, law enforcement often cites drivers for reckless driving when they are at fault in an accident causing property damage or bodily injury damage. Likewise, reckless driving charges are often applied in conjunction with a dui/dwi or drug possession charge stemming from a traffic stop.

Further complicating the matter, each state and local jurisdiction defines reckless driving differently, and in certain instances, a single action may constitute reckless driving on its own, most notably speeding in excess of the posted speed limit by more than a given range of miles per hour, often twenty-five (25) or more. However, speeding itself does not necessarily constitute recklessness and in most cases, can be contested in the courts.

Getting Legal Help with Reckless Driving Charges

In reality, every individual driver’s reckless driving charge will widely vary in circumstance, and in turn, the legal options available to a given driver will widely vary. However, in light of the potential outcome of a conviction for reckless driving, most drivers take a proactive stance and do retain legal counsel to represent their interests. Often, this turns out well in the favor of the driver, and can lead to dismissal of charges or a significant reduction in the charges or citations through a plea bargain agreement.

Got a Traffic Ticket?