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.
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:
- Driving in a reckless manner
- Driving which is intentionally inconsiderate or shows wanton disregard
- Driving in a negligent manner at a moderate rate of speed
- Driving carelessly or in a manner that be defined as careless
- Driving without due caution and criminal defense lawyers have seen this and all other types of unbecoming driving as well
- 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
- Driving with no regard whatsoever for the safety of other motorists and pedestrians
- Driving in a way where you have negligently failed to control the motor vehicle
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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