Reckless driving is a misdemeanor charge. If you are charged with and convicted of this charge, you will have a criminal record. This can prevent you from getting certain jobs and will be looked at when you are working with a rental agency. You can even be denied entry into certain countries if you have a criminal record.
As such, you will likely want to work with a reckless driving attorney to get the charges reduced, dismissed, or work to be found not guilty. Here are a few of the defenses that a reckless driving attorney may raise to help you get off on reckless driving charges.
1. You Were Not the Driver
One of the defenses that may be used in a reckless driving case is that you were not the driver. If a police officer pulls you over, and you are behind the wheel, this defense likely will not be used.
However, if police are using surveillance footage to charge you, and that footage is grainy or hard to see, your lawyer may very well argue that that is not you behind the wheel. If it cannot be proven that you are behind the wheel, you cannot be convicted.
2. You Were Driving Negligently, Not Recklessly
Another defense to reckless driving is admitting that you were driving negligently, but you were not driving recklessly. To prove reckless driving, the courts must show that what you were doing was done intentionally and that you showed disregard for public safety when you did it.
In some cases, you may have made a bad decision while driving, but it may not have been intentional. If your attorney can show this, the charges against you may be dismissed.
3. There Was An Emergency Situation
The final defense to reckless driving is that there was an emergency situation that caused you to drive recklessly or not think straight. Perhaps your spouse was having an emergency, and you blew through stop lights to get them to the hospital. Or, maybe the car behind you was following you, so you drove carelessly to get away. If your attorney can prove that there was an emergency situation, the charges against you may be reduced or dismissed.
If you have been charged with reckless driving, it is important that you understand the severity of the charge. This is not a simple traffic infraction; this is a criminal charge that may haunt you your entire life.
If you have been charged with reckless driving, it is important to speak with a reckless driving attorney such as Tolbert & Tolbert, LLP as quickly as possible. They can help determine the best defense based on the circumstances of your situation and work to get the charges dismissed, reduced, or have you found not guilty.
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