Most often, the decision to charge a person with reckless driving tends to be up to the discretion of the arresting officer. Unlike other types of charges, the decision to charge a person with reckless driving may come from one officer but not from another. This is because of the way that the law is written and what a prosecutor needs to demonstrate in order to secure a conviction.
A Nanuet reckless driving lawyer from StolzenbergCortelli, LLP works with people accused of driving dangerously in order to understand why they are being charged as they are, and to defend them against these allegations in court. Our experienced traffic defense attorneys could help you obtain more information about the traffic stop, explain the potential consequences of a conviction, and take every necessary step to protect your driving privileges.
New York Vehicle and Traffic Law § 1212 states that anyone who operates a motor vehicle in a reckless manner can be charged with a misdemeanor. A person operates a motor vehicle recklessly when their actions interfere with the free and appropriate use of a public road or when their actions are so outrageous that they threaten the safety of others.
It is not necessary for an injury to have taken place in a collision. In fact, many people face allegations of reckless driving after being pulled over for a traffic violation. It is up to the jury in the case to determine if the driving was reckless, regardless of the arresting officer’s opinion. Common incidents that can lead to a reckless driving charge include:
A Nanuet reckless driving attorney from StolzenbergCortelli, LLP examines all police reports and accident reconstructions to determine why a person is facing this charge and how to best rebut these allegations in court.
The reckless driving statute says that a conviction is a misdemeanor, which is still a criminal accusation that moves forward in criminal court. It also means that a conviction can bring up to 30 days in jail for a first offense and a fine of up to $300.
Reckless driving will also count on a person’s driving record for insurance and regulatory purposes. In addition, it will add five points to a person’s license that may result in suspension or a mandatory education course. Every case is unique, and a reckless driving lawyer from StolzenbergCortelli, LLP forms defenses tailored to every person’s needs in Nanuet.
A conviction for driving in a reckless manner carries a potential jail sentence and significant fines. If you have previous marks on your driving record, your license may be suspended. But because the concept of reckless driving is not set in stone, these charges are often defensible.
A Nanuet reckless driving lawyer works from day one to examine the nature of the charges, argue for a District Attorney to reexamine the charges, and fights to protect your rights. Whether your goal is to come to a quick plea deal to avoid a harsh penalty, or your desire is to fight the charges at trial, we are here to help. Contact us today and let them get to work for you.