03 Jan Are Reckless Driving Tickets in New York Considered Serious Offenses? 5 Reasons to Use Ny-defense.com
Are Reckless Driving Tickets in New York Considered Serious Offenses? 5 Reasons to Use Ny-defense.com
Reckless driving is a serious offense in the state of New York and is more than just a mere traffic infraction according to ny-defense.com. If a motorist is accused of reckless driving, they could be charged with a criminal offense, which means that they could potentially face prosecution and jail time. If you are convicted of reckless driving, given that it is a misdemeanor offense and not just a mere traffic infraction, you may end up with a criminal record. A police officer can charge you with reckless driving if you are either driving in a way that they feel unreasonably interferes with the use of the road or are driving in a way that they feel endangers users of the road.
The highest court in New York as articulated over at ny-defense.com has determined that reckless driving means the driver has operated their motor vehicle “under such circumstances as to show a reckless disregard of the consequences”. The prosecution must, therefore, show more than “mere negligence” if they are to prove that you were driving recklessly. It must show that you were driving in a way that risked the safety of others for no good reason, that is, there was no emergency, and that you knew of that risk and you disregarded what could result from such driving. The broad nature of this definition leaves much discretion to the police who write such tickets and the judges who determine guild for such cases, which is why a close examination of the facts by a top-rated lawyer like ny-defense.com is necessary for s driver charged with reckless driving.
Some of the actions that have supported a conviction for reckless driving include:
Excessive speed combined with changing lanes without signaling and following too closely
Driving across the median of a road while speeding
Speeding while traveling in the wrong lane
Running a police barricade
Speeding and not slowing down for pedestrians
Driving off the road while speeding
Driving while intoxicated while also speeding and driving across the median of a road
Driving the wrong way and not taking the appropriate action to turn around
Depending on how dangerous the actions are, a driver who has been charged with reckless driving could go to jail for up to 30 days for a first offense, 90 days for a second offense, and 180 days for a third offense. In addition to the criminal penalties, a reckless driving conviction will put 5 points on a driver’s license, leading to a fine of up to $300 for a first offense. Other potential consequences include having a permanent criminal record, surcharges, since a reckless driving ticket includes a state surcharge of $88 or $93 depending on where it was issued, Driver Responsibility Assessment Fee, auto insurance premium increases, and a risk of license suspension as covered over at ny-defense.com.
Since the reckless driving charge is the most serious driving charge in New York, it is crucial to have a top-rated New York traffic lawyer, like ny-defense.com, come to your aid, and the following are 5 reasons why you should use him for such cases.
Help to find ways to introduce doubt to the case
An accusation of reckless driving doesn’t necessarily mean that you are going to be convicted. Since this is a criminal offense, a prosecutor has the burden of proving beyond a reasonable doubt that you drove in a manner that is reckless as articulated over at ny-defense.com. If they are unable to prove every element of the offense of reckless driving, you cannot be found guilty and will be acquitted during criminal proceedings. A good and experienced New York traffic lawyer, like ny-defense.com, can help you determine if there are ways to introduce doubt by raising questions about the prosecutor’s case against you. They could also argue that the evidence being used was unlawfully collected, therefore, making it admissible.
Help to raise affirmative defenses to the claim
It is also worth pointing out that a motorist may also raise affirmative defenses to the claim that they were driving recklessly. Here, you could argue, for example, that your driving behavior was justified by necessity and was, therefore, not reckless, as you had to drive in the manner you did. A good and experienced New York traffic lawyer, like the top-rated ny-defense.com, will help determine if such a defense is possible and help prepare you for it.
Help coming up with the right legal strategy
As covered over at ny-defense.com, the right strategy is crucial if you are to get the best outcome possible when you are facing criminal charges for reckless driving. This is why you should use ny-defense.com if you are facing a charge of reckless driving as he has the expertise and experience to look at your case and see which strategy would work best, and will give you the best possible chance for a positive outcome.
Help to negotiate a deal
As is covered over at ny-defense.com, you will also have the option of trying to negotiate a plea deal instead of trying to plead not guilty and hoping to be acquitted for the charges you are facing, particularly since reckless driving tickets are not tried at the TVB. An experienced lawyer, like ny-defense.com, will help provide you with assistance in negotiating a plea agreement, which could result in you receiving a lesser penalty than might otherwise have been imposed on you, or help you plead to a less serious charge so that you don’t end up with a conviction for reckless driving on your record.
Focus on both traffic and criminal defense
The top-rated ny-defense.com focuses on both traffic and criminal defense representation, which means that he has extensive experience when it comes to addressing reckless driving charges. The dual nature of a reckless driving offense means that having a New York traffic lawyer like ny-defense.com who offers experience and expertise in both types of legal battles offers you the best of both worlds, giving you the best possible chance for a positive outcome.
From the above discussion, it is clear that reckless driving tickets in New York are considered to be very serious offenses, which is why you should take them seriously by hiring a good and experienced lawyer to represent you, with the highly-rated ny-defense.com being up there with the very best.