Reckless Defense Driving Options
Reckless driving is a serious traffic offense that can result in significant legal consequences including fines, jail time, and a revocation of your license. If you are charged with reckless driving, contact a skilled and highly knowledgeable criminal defense attorney who is experienced in defenses for reckless driving charges.
In the state of California, reckless driving is defined as driving with a willful disregard for the safety of persons or property. Reckless driving is a misdemeanor. Convictions, even for a first offense, carry up to 90 days in county jail, and/or a fine of between $145 and $1,000.
However, if there was a minor or serious bodily injury, reckless driving can be prosecuted as a wobbler – meaning as either a misdemeanor or felony. Convictions for felony charges carry up to 3 years in state prison and/or $10,000 in fines.
Proving Your Case
Depending on the reason for reckless driving, your attorney will need to craft a valid legal defense. An experienced criminal defense attorney like David A. Stein can raise the right defense on your behalf. Here are a few:
- Defendant was Not the Driver: The prosecution must prove you were the person driving the vehicle. It’s possible you weren’t driving because you were a passenger, were falsely accused, or another person borrowed your vehicle. Without clear-cut evidence from the prosecution, your charges could be dismissed or you could be acquitted.
- Necessity Defense: A skilled defense attorney will show that your reckless driving was necessary to avoid a greater harm, such as an emergency that posed a threat to you or a 3rd party.
- Driving While Distracted: If you were distracted while driving, such as talking to a passenger or reaching for something in your car, then your charges may be reduced or dropped.
- Lack of Intent/Negligence: Reckless driving requires a willful disregard for the safety of others. If you did not drive recklessly, your actions were not willful, negligence alone is not enough to prove reckless driving.
- Challenge the Evidence: To prove a case of reckless driving, the prosecution must prove beyond a reasonable doubt you were driving recklessly, excessively speeding, or that you disregarded the law. Your defense attorney can challenge the prosecution, demonstrate the radar gun was incorrectly used or calibrated, and bring evidence of obstructed or inadequate signage.
Winning Your Case
If you live in the state of California, winning your reckless driving charges case comes down to your legal defense. One of the biggest mistakes made by those charged with a crime is not hiring a defense attorney immediately.
David A. Stein is a passionate defender who successfully defends his accused clients. He understands that a criminal charge, even a minor one, can ruin a person’s life.
David A. Stein is a highly respected defense attorney in Orange County, which include the cities of Irvine, Santa Ana, Anaheim, Newport Beach, Laguna Beach, Huntington Beach, Costa Mesa, Tustin, Fullerton, Fountain Valley, Garden Grove, Mission Viejo, Westminster, Aliso Viejo, Buena Park and Laguna Niguel.