A reckless driving charge is a serious matter that requires the services of a skilled traffic defense attorney. A conviction for reckless driving puts five points on your license and could lead to stiff fines, a jail sentence, and a criminal record. Your driver’s license might be suspended or revoked, and your insurance rates will surely increase.
A Nyack reckless driving lawyer from StolzenbergCortelli, LLP could push to limit or even eliminate the consequences of a reckless driving arrest. Call us as soon as possible to get legal representation as you challenge this violation.
People sometimes face reckless driving charges in addition to other charges like speeding, driving while impaired, or leaving the scene of an accident. Reckless driving could also be a stand-alone charge.
New York Vehicle and Traffic Law § 1212 describes the elements of reckless driving as operating a vehicle or motorcycle in a manner that interferes with the orderly flow of traffic or unreasonably endangers others. A prosecutor must prove that the driver endangered others or interfered with the proper use of the highway to sustain a conviction.
Reckless driving is a misdemeanor crime, and a person could face up to 30 days in jail, a fine of up to $300, license revocation, and five points on their driver’s license for a first offense. Subsequent offenses carry more severe penalties. Preventing these harsh consequences requires an experienced Nyack reckless driving defense attorney from StolzenbergCortelli, LLP.
Reckless driving is more than just speeding, driving under the influence, or going the wrong way on a one-way street. However, a driver who was doing all three at the same time might face that charge.
For this to apply, the driver must intentionally disregard traffic laws in a way that disrupts normal traffic patterns or puts other people at significant risk of harm. In practice, most reckless driving convictions arise from an incident where the driver allegedly committed multiple infractions, either causing an accident, a near-miss, or harming someone else.
It may be possible to challenge the prosecutor’s evidence that the driver’s actions interfered with the normal flow of traffic or endangered others. Without such evidence, there is no crime of reckless driving. Reports from the arresting officers, witnesses, dashboard cameras, and other video records could help establish that the driver is innocent of this charge.
Depending on the surrounding circumstances, it is often possible to get charges reduced or dismissed. It is sometimes advantageous to get an agreement to plea to speeding or an infraction that is not a moving violation if it is the driver’s first offense. A plea to a lesser offense could resolve the charges without leaving the driver with a criminal record.
If the prosecutor does not have clear evidence a driver was reckless, it is sometimes worthwhile to make them prove their case at a trial. If the prosecutor cannot demonstrate the driver endangered others or disrupted traffic by driving recklessly, a Nyack attorney from StolzenbergCortelli, LLP could achieve an acquittal, and the driver might not face any punishment.
If the prosecutor has strong evidence, they could still be willing to settle a case. A skilled defense lawyer could elicit a settlement offer that reduces the potential fines, eliminates the possibility of a jail sentence, and lowers the time the driver’s license is suspended.
Reckless driving is a crime, and a conviction will leave you with a criminal record. It is almost always worthwhile to aggressively fight the charge. A Nyack reckless driving lawyer at StolzenbergCortelli, LLP has extensive experience handling criminal traffic offenses in the local courts. Reach out to us as soon as you can so we may discuss the potential for fighting this charge.