This is the second post in our Reckless Driving discussion. Our last post discussed the criminal consequences that occur when a person is charged with misdemeanor reckless driving. In this post, we will be discussing the defense strategies that are often utilized to have a reckless driving charge either dismissed or reduced.
Criminal defense attorneys will seek to prove that recklessness was not intentional
The definition of reckless driving goes beyond simple carelessness or negligence. In order to be convicted of reckless driving, a person must show “wanton disregard” for the safety of persons or property that was in their vicinity. This means that you were not only driving in a careless or dangerous manner, but you were doing so on purpose, even though you knew you could potentially harm other people. The first thing our criminal defense attorneys do in reckless driving cases, is to gather all of the facts of the incident and look for extenuating circumstances. If a person was driving at a high speed for a specific reason- such as for a medical emergency- it is often possible to have the charges reduced to a non-criminal citation. In other instances the weather or a mechanical failure may have played a part in the reckless behavior, making it possible to argue that the driver was not intentionally being negligent.
During your initial consultation, your attorney will discuss the circumstances of your reckless driving citation. Once your lawyer learns your side of the story, they will read the police report, and talk to any relevant witnesses. For the prosecution to win a case against you, it is important for the police report to support all of the allegations that are being made against you. Often the police fail to document details, or may have an account of the incident that is contradictory to the report. In many reckless driving cases, it is possible for a qualified attorney to have the charges dismissed, or have them reduced to a non-criminal citation.
Hiring an attorney can prevent costly court fines and long-term hassle
Hiring an attorney to handle a misdemeanor reckless driving charge is important for a number of reasons. People often plead guilty to reckless driving, when it would have been possible to beat the charges. This results in a permanent criminal record that may have an impact on job searches, licensures, and your ability to transport yourself to work and school. Reckless driving often also comes with an automatic driver’s license suspension, and 8 license points- which is more than half the number of points required for a second suspension.
Do not fall into a bad driving record trap. Our office has excellent results in helping Arkansas residents beat reckless driving charges. Call our Little Rock criminal defense attorneys today.