Reckless driving charges often have other charges associated with the traffic stop or auto accident associated with it. Individuals may feel fortunate if they do not receive any other tickets. However, it is important to think about the potential ramifications of pleading guilty or being found guilty of reckless driving. Some innocent individuals get accused of this offense even though they were not drivers.
Anyone who is accused of reckless driving needs to try to formulate a legal defense. This is something that the average individual cannot do on their own. A reckless driving defense lawyer is a good resource to use to understand the charge and how it can impact one's future. Individuals who have other citations or charges might have to serve jail or prison time. It may also limit employment opportunities. Individuals may not be qualified to be paid drivers or transport and deliver goods. Some states classify certain reckless driving charges as felonies based on circumstances, such as leaving the scene of a serious accident. The following points identify a few defense strategies for reckless driving.
Constitutional Rights
Individuals could have their charges dismissed or reduced if officer misconduct is discovered. Officers involved in traffic stops or responding officers cannot violate individuals' constitutional rights. In some states, this could be as simple as not citing the suspected driver their Miranda rights. Sometimes officers attempt to question alleged drivers after they request an attorney. This type of conduct could result in all evidence collected being ruled inadmissible. Officers also do not have the right to stop a vehicle without probable cause. If they do, it can be ruled as a violation of the driver's Fourth Amendment rights.
Challenge Charges
The charge has to fit the alleged crime. It is not uncommon for officers to cite at-fault drivers for reckless driving. However, the charge might not be valid based on the evidence. A reckless driving defense lawyer can review details from police reports and gather other information. This could result in a lesser charge or motions to dismiss the reckless driving claim.
Another phenomenon that some drivers have experienced is that they were not the vehicle committing the act of reckless driving. Some officers use radar guns, and it is possible for them to initiate a traffic stop on the wrong vehicle. The actual vehicle that was speeding may be long gone if the officer realizes the error. Sometimes officers are adamant that they got the right speeder. Individuals should never become irate or challenge an officer during a traffic stop. They should calmly accept the tickets. Avoid talking too much, and wait for their day in court with the support of an experienced reckless driving defense attorney.
For more information, contact a local company like The Zedd Traffic & Criminal Defense Team.
