Can an Attorney Help Me With a Reckless Driving Arrest?
There is no fear quite like the one experienced by people who get placed into handcuffs and coaxed into the back of a cop car. Some of the first things that may rush through a person’s mind are what they’re a family is going to think, if they’re going to have to spend time in jail and if their employer will fire them. It is important that after the booking process, the accused talks with a criminal defense attorney for protection. During a consultation, the accused may have plenty of questions for their attorney about reckless driving, such as the following:
Is what I did considered reckless driving?
When a person is driving their vehicle with a willful or careless disregard for the safety of others (persons or property), it is likely to be considered reckless driving. So, if you were driving in a manner that could have caused harm to others and were aware of doing so, then an officer would have grounds to arrest you for this charge. But, in some cases what is deemed “reckless” is subjective. The officer who arrested you may have only seen a snippet of driving behavior that seemed reckless, but had actually misinterpreted it entirely. Examples of actions on the road that may constitute as reckless driving entail:
- Speeding in excess of 25 MPH over the speed limit
- Failing to stop at a stop sign or red light
- Purposefully failing to respect the right-of-way for a pedestrian or other driver
- Going around a stopped school bus
- Racing with another driver on the roadway
- Driving while influenced by drugs and/or alcohol
- Trying to escape law enforcement
What kind of defense strategy may my attorney use for my case?
Depending on what type of reckless driving behavior you were accused of, your attorney may choose from several types of defense strategies. It is crucial that you hire a criminal defense lawyer in Rockville, MD, such as from the Law Office of Daniel Wright, that is experienced in criminal defense. Most reputable law firms offer a free consultation for new clients, so you can get a feel for the attorney before officially hiring them. Common defense strategies for reckless driving arrests include:
- Stating it wasn’t you who was driving. While this may initially sound too simple, remember that the burden of proof lies on the prosecution. If they don’t have tangible proof that you were the one operating the vehicle, then they don’t have a very strong case against you.
- Arguing that the driving behavior was careless and not reckless. Careless driving is a less serious offense, so consequences are likely to be less severe.
- Showing that you weren’t being willful or intentional, and that your driving was motivated by an emergency or threatening situation. For example, you were rushing someone who was injured to the hospital or another driver was following you.
- The device used to measure your speed wasn’t maintained properly which resulted in a false reading, or the device wasn’t permitted for use in the area you were driving.