Tuesday, January 26, 2016

What is reckless driving and what are its consequences?

Technically, reckless driving is a crime which is punishable by law in all states. It is considered a misdemeanor crime predominantly but can sometimes also lead to a felony conviction and criminal defense lawyers have seen these types of cases for ages.

Usually misdemeanor crimes are punished by incarceration in a state jail and this sentence can only be a maximum of one year apart from the exception of Iowa where it can run up to two years. Apart from the prison time, misdemeanor crimes can also be penalized with fines, probation, community service, and more. Furthermore, there exist some collateral consequences where a reckless driving conviction can also lead to suspension of the guilty party’s driver’s license and no, their legal representative will not be giving them a ride around town and to and from work if this is the case.

Reckless driving may be glorified in the movies and on TV. But when you hurt someone who did not deserve it that is pitiful. Hollywood does not always show you the consequences of ridiculous driving but reality can hit you like a sledge hammer and if you thought lifting a bunch school books at once was heavy you do not ever want to try to lift the law off of you because that weighs about 20 times as much. You will need more than a forklift, you will need a criminal defense lawyer. You can find one right here: http://criminal-defense.usattorneys.com/.
Generally, law books in most states refer to reckless driving by using terms such as recklessness, reckless, recklessly, and reckless manner. Even though these terminologies are not technically befitting or accurate, the judicial system has time and again found them to be definitive enough to describe the crime and criminal defense lawyers are familiar with this type of vernacular as well.

What exactly is reckless driving?

As the name suggests, reckless driving is when a person operates a car in an inconsiderate way which puts the lives of him/her and others in jeopardy. However, for court purposes reckless driving constitutes one or more of the following:
  1. Driving in a reckless manner
  2. Driving which is intentionally inconsiderate or shows wanton disregard
  3. Driving in a negligent manner at a moderate rate of speed
  4. Driving carelessly or in a manner that be defined as careless
  5. Driving without due caution and criminal defense lawyers have seen this and all other types of unbecoming driving as well
  6. Driving with standards of care which are well below the standards of care that a normal person reasonable person would have exercised in the same situation, hence unbecoming
  7. Driving with no regard whatsoever for the safety of other motorists and pedestrians
  8. Driving in a way where you have negligently failed to control the motor vehicle
To give you a practical understanding of what translates to a reckless driving charge, let us take a look at some examples or instances which will qualify as reckless driving in most states of the country.

Someone driving far over the speed limit is a typical example of reckless driving. Another example is when a driver fails to yield at a stop sign or a red signal, not complying with right of way rules, not using hand signals or blinkers/indicators to action that you will be performing a maneuver such as a turn, operating a motor vehicle with improper\unserviceable lights.

Is reckless driving less severe that a DUI offense?

Often times, people charged with a DUI are able to get their charge reduced to a reckless driving charge. So in actuality, reckless driving is in fact a less severe crime than a DUI. Criminal defense lawyers in fact strike plea bargains or plea deals with prosecutors so that they reduce the charge to a reckless driving charge in exchange for the defendant pleading guilty to it.

If you are facing DUI or reckless driving charges, then it is the right time to seek help from a criminal defense lawyer to find out how you can defend yourself and beat your case. 

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