Defense For Reckless Driving

Reckless driving is considered a misdemeanor offense in some states while in others it can become a felony charge. As a misdemeanor, the person charged with reckless driving can serve jail term of up to a year. If a felony, the jail term could exceed one year. According to the website of Karlin, Fleisher & Falkenberg, LLC, reckless drivers can be held financially liable for the pain and suffering they can cause.

In order to prevent serving jail time, you need to have a solid defense. Your attorney can cite several reasons for you not to be charged and here are some of them:

1. You Were Not The One Driving

While the prosecution will prove that you were driving the vehicle, your lawyer will prove otherwise. Unless the plaintiff is able to show evidence that you were the driver, chances are you will be acquitted and will not get to jail.

2. Matter of Necessity

In a necessity defense, the lawyer will prove that the reckless driving was due to an emergency that existed; that the emergency presented a threat to the driver or a third party; and that the driver did not create the emergency.

3. Argue for Negligence

Negligence on its own is insufficient to prove reckless driving. Such was the case of People v Allison, when a pedestrian crossed a highway waving a fishing pole at the driver to get their attention. The driver made a U-turn towards the pedestrian forcing him to jump out of the way for fear of getting hit. As a result, the driver left 10 feet of skid marks before turning his car around and driving off. The court ruled that the driver only showed negligence and not a wanton disregard for the rules of the road.

4. Disprove Your Alleged Speed

Reckless driving involves speeding at a rate considered as wanton disregard for safety of others. The prosecution must prove that the equipment used for measuring your speed was recently calibrated and was used correctly. In addition, they should also prove that your speed was being displayed in your car.

5. Proper Signage

The prosecution panel must prove in court that there were sufficient and proper signs and that you were driving in excess of the speed limit.

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