Being in a car accident, no matter which end you’re on, can be traumatic. You might have been minding your own business on the road when all of a sudden you hit another car and pulled over to the shoulder. It looks like both cars are pretty banged up, the other driver is yelling at you, and a police officer just showed up and charged you with reckless driving. When these scenarios happen, it can seem like a whirlwind of emotions and questions. When you are finally left to process everything, you finally realize what a reckless driving conviction could mean for you. Attorneys can help you face this reckless driving charge. They care about their clients receiving the best care possible, and will fight hard to ensure you get a fair trial and that the correct facts are presented.
What Are the Consequences If Convicted Of Reckless Driving?
- Jail time
- Hefty fines
- Points off your driving record
- Suspension of your driver’s license
- Increased car premium
- Permanent criminal record
Why Might You Be Charged With Reckless Driving?
In many states, you might be charged with reckless driving for “general reckless driving” or a “failure to maintain control over your vehicle”.
- General Reckless. This usually happens when there is property damage or if the accident involved damage to another vehicle or person. Even if you weren’t speeding, this could be evidence that you were driving recklessly.
- Failure To Maintain Control. If you are charged with this, it means you were unable to keep your vehicle under proper control. For example, if your brakes have not been changed and that was the cause of your accident, you could be charged with reckless driving.
If you have been charged with reckless driving, remember that this is not a conviction. To be convicted, the prosecutor must prove that you:
- Were driving the vehicle
- Drove in a way that put another person’s life, limb, or property in danger
- Lost control of the vehicle
Thus, some defenses for reckless driving could be:
- You were not actually driving the car.
- There was a necessity. This defense can show that there was an emergency taking place and that you believed the driving was necessary. This emergency was not created by you and presented a threat to you or someone else.
- Argue your alleged speed. If you were charged with speeding at an extremely fast rate, we could argue that the law enforcement officer’s equipment was faulty.
- There was improper signage. Your attorney could also take the tactic that signage was unclear or hidden, implying that you had no idea you were breaking the law.
How Can an Attorney Help Me?
An experienced criminal defense attorney San Mateo County, CA relies on knows the legal system and can help get you the best outcome possible. Being convicted of reckless driving can change your life forever. Call an attorney today to schedule a free consultation to discuss your defense strategy.
Thank you to our friends and contributors at the Morales Law Firm for their insight into reckless driving charges and criminal defense.