While every state defines these crimes in different ways, if convicted a person can face thousands of dollars in fines and even time in jail. Knowing what to do and what your rights are if you are arrested and charged with one of these crimes can make a huge difference in the outcome of your case.
Reckless Driving Defined
Also known as “driving to endanger” in some states, at its core a reckless driving offense criminalises behavior when someone shows a conscious disregard that their driving puts others in danger. Each jurisdiction will usually have many types or degrees of reckless driving crimes. The possible sentences if convicted increase in severity based on factors like exceeding a certain speed limit, passing school buses, street racing, and other dangerous activity.
There is no named concrete list of actions that determines whether the driver’s actions are reckless; instead, the circumstances of each incident allows the citing officer or a jury to make a judgment call. Many people are charged with reckless driving after they are involved in an accident, while others are pulled over and cited while in the act of driving.
Is Reckless Driving the Same as a DUI?
Drunk driving, often abbreviated as DUI or DWI, is a different criminal charge that comes with harsher penalties. States separate these driving offenses to emphasise the dangerous consequences that alcohol and drugs have on public safety. Reckless driving is a more generally defined crime that can include a number of different behaviours, while a DWI/DUI is based on a measurable level of intoxication backed by scientific methods such as blood tests and breathalysers. In some cases, a person charged with a DUI may negotiate a plea deal with the state prosecutor to reduce a DUI charge to a reckless driving charge, which carries a lighter sentence.
Drunk driving, often abbreviated as DUI or DWI, is a different criminal charge that comes with harsher penalties.
How is Reckless Driving Punished?
Most states classify reckless driving as a misdemeanour, or whatever that jurisdiction’s equivalent is. Being convicted usually results in fines that can add up to several hundred or even thousands of dollars, and from a few days to up to 3 months in jail. Reckless driving incidents with aggravating factors like extreme speeding, emergency vehicle endangerment, and school zone infractions may be charged as felonies in some states.
In addition, the conviction will go on the person’s driving record. This is important if you live in a state that uses a traffic violations points system, which affects how expensive your car insurance will be and counts towards a license suspension. Some states will also require driver safety or improvements programs, such as ones required for reckless driving in Virginia.
What You Should Know About Misdemeanors and Constitutional Rights
Criminal defendants have the right to legal counsel, even if they cannot afford a lawyer on their own. This is true for all defendants charged with a felony, whether a state or federal crime. However, the right to counsel when charged with a misdemeanour is not necessarily guaranteed. Supreme Court case law states that the right to counsel extends to some misdemeanour charges that carry jail time, but many defendants are unaware of this.
But that does not mean that if you are arrested for or questioned under suspicion of a misdemeanour, you are barred from seeking an attorney’s help at all. If you are arrested or otherwise detained by police, any questioning should stop the moment you ask for legal counsel. This allows you the opportunity to retain the services of a criminal defense attorney to assess your case.
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What You Should Know About Legal Counsel if Arrested & Charged with Reckless Driving
Far too many defendants charged with misdemeanours like reckless driving go before the court without any legal counsel. Some may feel pressured by the police or prosecutor to accept a plea deal to avoid jail, only to find out that their sentence was suspended and they may still face jail time in the future. Others may be told that if they seek the services of a public defender, they will be forced to pay back some of the cost in the form of fees and fines.
But no matter the circumstance, having the assistance of defense counsel can have a huge impact on the outcome of your case. For example, a defendant may jump at the opportunity to get out of jail when offered a plea deal, but may not be aware of valid defenses he loses by accepting it. Sadly, most people don’t know this when they waive their right to counsel. That is why if you are arrested or charged with reckless driving, stop, take a breath, and seek the services of a criminal defense attorney. It can make a huge difference. For more information about misdemeanors and the right to counsel, check out the 6th Amendment Center.
