25 May Your Best Response to a Reckless Driving Charge
Reckless driving is more than just a traffic violation – it’s a criminal misdemeanor. The consequences are more severe than those you’d face from a regular speeding ticket.
If a judge convicts you of reckless driving, you could be fined up to $300, lose your license or spend time in jail.
A reckless driving conviction goes on your criminal record, and you’ll also accrue five points on your driving record. Reckless driving has one of the most expensive insurance rate hikes of any infraction, too, with an average rate increase of 82 percent. (To put that into perspective, if you were paying $200 per month for auto insurance and your rates went up that much, you’d have a new bill totaling $364. Ouch!)
Types of Reckless Driving
In Brooklyn, reckless driving means driving “in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.”
That language is extremely subjective.
Generally, to be convicted of a reckless driving charge, a defendant must be shown to be driving without concern for the safety of others, or purposefully interfering with traffic.
For example, evidence of driving through a police barricade, purposefully driving across or against traffic, and causing an accident while under the influence of drugs have all led to reckless driving convictions in New York.
However, in another case, a motorist sped through multiple stop signs and red lights. No one was hurt, and these actions did not lead to a reckless driving conviction.
How to Fight a Reckless Driving Charge in Brooklyn
Different types of reckless driving charges require different defense strategies. For example, your lawyer may be able to combat a charge based on excessive speed with questions about the radar gun’s calibration, proper use, and a possible misreading of the data.
Generally, the simple violation of a traffic law should not lead to a reckless driving conviction. There needs to be some other factor to show that you lacked regard for the safety of others or the proper use of the roadway. If your lawyer can show that your behavior was not reckless in that way, the charge mighteven be dismissed.
Naturally, though, there’s no way to guarantee how a judge will rule – every case is different.
Because the consequences of a reckless driving conviction are so severe, and because the law is so subjective, it is important to make sure you’re well represented in court. Some actions are extremely time-sensitive, including many reckless driving tickets, so call me right away at 917-856-1247.