How Speeding Can Lead to a Reckless Driving Charge
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Virtually every state has laws prohibiting a driver from operating an automobile in a manner that willfully or recklessly endangers the safety of themselves, other drivers, and pedestrians. One of the main factors influencing reckless driving, versus other forms of driving in violation of traffic laws, is speed. On top of this, most states containing driving laws that mandate speeding in excess of the posted speed limit, if past a certain speed, are charged as reckless driving, careless driving, or dangerous driving, depending on the state-specific terminology. The following outlines certain acts or traffic violations involving speeding that, in most states, will automatically constitute a reckless driving citation:
- Racing on a public street or highway
- Attempting to evade law enforcement
- Passing in a no-passing zone
- Speeds in excess of twenty-five (25) miles per hour or more above the applicable speed limit, and in certain states, speeds less than this amount
Implications of a Reckless Driving Citation
In essence, speeding in certain conditions, regardless of the actual speed over the posted limit, may constitute a reckless driving charge. Furthermore, speeds above a certain limit regardless of the conditions of the road are automatically deemed reckless driving. The future ramifications of such a charge will also vary based on each state’s protocol for addressing reckless driving citations, however, the following lists the general outcomes for most drivers convicted of reckless driving:
- Virtually every state contains driving laws that either automatically suspend a license in light of a reckless driving citation, or if convicted, impose point penalties that will cause license suspension based on the state points system
- Reckless driving offenses also incur significantly larger fines and fees than the average speeding ticket, which will vary by state
- Reckless driving offenses impose serious potential for insurance premiums to increase, possibly placing a driver in a high-risk category or resulting in the driver’s coverage being dropped
- A driver with a reckless driving conviction, which does not result in a points-based or administrative-based suspension or revocation, is likely one minor traffic citation away from a points-based suspension or revocation
- Drivers convicted of reckless driving, in certain states, automatically are mandated to attend some form of traffic school or defensive driving program, often in conjunction with other penalties, fees, restrictions, and fines
Getting Legal Help with Reckless Driving Charges
The reality of the modern interstate is that drivers and the flow of traffic regularly reach speeds relatively close the maximum posted speeds that will constitute reckless driving. Should a driver exceed the flow of traffic speed, he or she will likely be legally placed in the speeding categories that constitute reckless driving. However, these types of cases, as well as other reckless driving citations, are highly subjective and possible to dispute, dismiss, or plead down in traffic court. Having legal counsel is the only favorable method of contesting a reckless driving charge effectively.
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