What Are The Potential Defenses For Reckless Driving?

Law Blog

Have you been ticketed for reckless driving and you do not feel like it is justified? If so, you'll likely want to fight this ticket in court. You may want to work with a lawyer in this instance because there are some potential defenses that they can use to help clear your name and avoid any penalties or fees.

Suggest A More Appropriate Charge

One way that a lawyer will challenge a reckless driving charge is to prove that another traffic violation is more appropriate. This other violation may have a lower fine and less of an impact on your driving record, which will be better in the long run. For example, driving fast may not be enough to justify a reckless driving charge, and it could be changed to a simple speeding ticket instead. 

Prove The Behavior Wasn't Intentional

It's possible to challenge some of the requirements of what is considered reckless driving, such as if the behavior was intentional or not. Many state laws say that the behavior must have been willful, which is something that can be considered very subjective. For example, if you were going over the speed limit, you could defend yourself by saying that you did not realize you were going over the speed limit. This could be from simply not knowing the local speed limit or not realizing how fast you were going. 

Another example of this defense was if the police officer claims that you were racing another vehicle. The truth may be that you don't know the other driver, or you both were simply driving fast. Having two cars driving fast near each other doesn't necessarily mean that you were racing, but simply keeping up with surrounding traffic. 

Offer To Take Aggressive Driving Courses

You could get the reckless driving penalty lowered by offering to take an aggressive driving course due to your behavior. This will show that you are willing to take steps to change your behavior as a result of your reckless driving charge. It would be up to a judge to accept this form of rehabilitation as a way to lower the reckless driving charge, but it is worth trying to better your situation.

It is difficult for a prosecutor to successfully charge you with reckless driving if you have the right legal help on your side. That is why it is always worth working with a lawyer for their assistance. For more information, contact a reckless driving defense attorney near you.


7 November 2022

Choosing To Fight

Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.