Avoid Dui Jail Time With The Right Lawyer
One of the most serious traffic violations in many states is reckless driving
. This moving violation can result in very serious penalties for the driver. It is always wise to consult an attorney about how to best approach facing these charges in court.
Reckless driving is a peculiar crime. The criminal code does not state one single specific act a person must commit in order to prove guilt. Instead, proving that person committed this crime involves making the determination beyond a shadow of a doubt of what that person's frame of mind was while driving. The frame of mind that determines whether or not someone committed reckless driving is whether or not that person had a willful disregard for public safety while driving.
This disregard for safety could include a disregard for the safety of other drivers on the road, pedestrians on the street, or animals that may be near roadways. This disregard can even include disregard for property that may be damaged as a result of the reckless driving. It can even include disregard for one's own life by driving dangerously.
The different acts that can be considered as reckless driving are numerous and varied. One of the most common examples is driving excessively over the speed limit. Going 60 miles per hour in a 55 mile per hour zone will probably not be considered reckless driving. However, if that driver was pulled over driving at 95 miles per hour, he or she could certainly face a reckless driving charge.
An accident and loss of life can certainly happen very easily driving that fast on the road. The expectation is that the driver should know that the risks involved in doing so are extremely high. By driving at that speed, the driver is disregarding the possible ramifications of his or her actions.
Another common action treated as reckless driving is passing in front of oncoming traffic. Obviously, the driver should be aware that this act is extremely dangerous. A crash is very likely to occur if someone does pass in front of oncoming traffic, and that crash could result in destroyed vehicles and loss of life.
Another example would be crossing train tracks after the crossing gates have lowered. Many drivers perish every year trying to unsuccessfully cross train tracks before an oncoming train.
The number of circumstances that could lead up to a charge of reckless driving is nearly limitless. The key though is that the driver disregarded the risks of his of her actions. In this way, the law exists as a measure to help insure public safety.
The penalties leveled against reckless drivers are just as diverse. These could include a suspension of a driver's license, a very large fine, and community service. It could even include time spent in jail. Laws regulating reckless driving also vary from state to state.
It is important that if you are charged with this crime that you seek out a criminal attorney experienced in reckless driving cases. For example, a DUI attorney will typically have represented many clients charged with this crime. Having the right lawyer is important because how you behave and how your case is argued in court could determine whether or not you stay out of jail. A criminal lawyer experienced in reckless driving cases may be your best chance to do so.
by: Nick Messe
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