In New York, a reckless driving ticket is a serious offense. With stiff penalties including the potential for jail time and a loss of license, reckless driving is a charge that you want to avoid.
Read on to learn all that you need to know about reckless driving in New York.
WHAT IS CONSIDERED RECKLESS DRIVING IN NEW YORK STATE?
In New York, drivers can receive a reckless driving charge for unreasonably interfering with a public highway or endangering other drivers, pedestrians, and cyclists when they drive. Due to the dangerous nature of reckless driving, police have a liberal definition that they can use to determine the initial charge.
Types of driving that would result in a reckless driving charge include:
● Ignoring police barricades and driving through them.
● Driving at high speeds with no concern for pedestrians.
● Driving off of the road and speeding.
● Beginning to exit via ramp and then making a u-turn back into traffic, crashing into another vehicle.
● Driving across the centerline of traffic while speeding and crashing.
● Driving while under the influence of drugs or alcohol and committing numerous traffic offenses or crashing.
In order for a reckless driving charge to be upheld, the prosecutor must prove that the driver showed careless driving behavior, and that their actions were not rational. Because the reckless driving charge is one of the most serious driving tickets in New York, it is imperative to have a legal defense to come to your aid.
Reckless driving is not just a simple ticket, it is actually considered a misdemeanor with the strong potential for jail time as a punishment. This factor alone makes it clear why anyone who has received a reckless driving ticket needs to hire an experienced NY traffic ticket attorney.
The Law Offices of James Lynch and Associates have the knowledge and experience to help you fight your reckless driving ticket. With the right defense, we can work towards having your reckless driving charge reduced to a common traffic ticket, saving you jail time, money, points on your record, and more.
HOW TO FIGHT NY RECKLESS DRIVING TICKETS
Conviction for a reckless driving charge in New York necessitates that the prosecution is able to deliver evidence that shows driving which was riskier and more dangerous than mere negligent driving. Prosecutors also need to show that driving offenses were accompanied by other aggravating acts or circumstances, not just a solo violation of traffic rules.
Due to the dangerous nature of reckless driving, it is much more difficult to fight a reckless driving charge than it is to fight a ticket for a regular traffic violation, yet the burden of proof is greater as well. It’s important to understand that a reckless driving charge is actually a criminal violation, which means that offenders will most likely have to make an appearance in court, in front of judges who tend to be less forgiving than they are for a common ticket.
However, there are some defenses which are commonly used by skilled traffic law attorneys in New York. These can help to reduce your charge and keep your license from receiving a devastating 5-point mark.
In order to mount a successful defense, a good traffic attorney will claim that there wasn’t an additional aggravating act beyond an initial traffic violation. This may look like a claim that the driver violated speeding laws without reckless behavior, which could lead to a reduction in charge.
Another common defense is that the driver was actually driving reasonably, without endangering anyone, and not engaging in reckless behavior such as erratic driving, drinking and driving, or swerving all over the road. Attorneys also occasionally use the defense that there was an abuse of power by the charging officer that led to the reckless driving charge.
When you work with the attorneys at The Law Offices of James Lynch and Associates, you are working with a team of attorneys who know how to fight reckless driving charges. You don’t need your driving record to be devastatingly stained by one charge. We will work hard to launch a defense that succeeds.
If you receive a reckless driving ticket in New York, you are being charged with a misdemeanor. As such, you will likely need to appear and court and could face jail time.
Penalties for reckless driving are harsh because the violation is considered a crime. The basic penalties for reckless driving include up to 30 days of jail, 5 points on the license, and a $300 fine for a first offense, up to 90 days of jail, along with points and fines, for a second offense, and up to 180 days of jail, with points and fines, for a third offense.
When you are convicted of a reckless driving charge, you will have a permanent conviction on your criminal record, which could affect your future jobs, housing, education, relationships, and more. It’s also important to understand that with a reckless driving charge, you are likely to spend some time in jail. Along with fines, your reckless driving charge could also include surcharges and fees, such as the Driver Responsibility Assessment Fee.
The Driver Responsibility Assessment Fee is given to people who have received 6 points or more in violations in a period of 18 months. The at least $300 fine is paid to the DMV.
Any reckless driving charge runs the risk of causing drivers to lose their license. It is up to the NY judge’s discrepancy to determine if the violation is worthy of a suspended license. In addition, anyone with 11 points or more on their driving record will have their license suspended.
The severity of penalties for reckless driving charges and how they have the potential to dramatically impact your life, makes it essential that you receive legal aid if you face charges. Contact the Law Offices of James Lynch and Associates for professional and experienced help.
WHAT HAPPENS IF I GET A RECKLESS DRIVING TICKET IN NEW YORK?
Why you should hire an attorney to fight your reckless driving ticket
The high fines and risk of jail time are more than enough reasons to consider hiring an attorney to fight a reckless driving ticket. A qualified and skilled traffic ticket attorney licensed in the state of NY can help fight the case by having a look at what evidence is present in the case and from there developing a strategy for the defense. With a strong enough defense strategy, the charge could be reduced to one of the more common traffic violations such as speeding.
Contact the Law Office of James Lynch & Associates
Because the consequences associated with a reckless driving charge are significant and come with the possibility of a jail sentence, this isn’t the time to shy away from hiring an attorney. If you are convicted of reckless driving, along with possibly serving time in jail, you will have a misdemeanor on your record forever and may have to pay huge fines. To add insult to injury, points would be added to your driving record and your insurance rates would increase.
The attorneys at the Law Office of James Lynch and Associates are here to help. They have years of experience and expertise to guide you through the process of fighting your reckless driving charge. They have defended clients successfully for years and can develop the best defense for your case. Call them now.