New York City Aggressive Driving Lawyer
Aggressive driving is a way of life for many New Yorkers. Despite this prevailing mindset, aggressive driving is illegal under New York law. While there is no crime in New York City known as aggressive driving, the act is made illegal under the title of reckless driving.
Whether or not a person is charged with reckless driving this charge is often left to the discretion of the responding officer. New York City aggressive driving lawyers could thoroughly investigate each case. A distinguished traffic lawyer can help you explore potential defenses in fighting for the rights of those facing reckless driving charges.
What is Aggressive Driving?
As discussed above, there is no crime known as aggressive driving under New York law. Instead, driving that would normally be described as aggressive is categorized as reckless driving. This is a very vague statute, and because of that a police officer can use their judgment as to whether a driver was operating their vehicle in an unreasonable way. It is not necessary that an alleged reckless driver cause an accident or even interact with another driver in order to be charged with reckless driving.
For example, a person driving 30 miles per hour over the speed limit may be driving in a way that endangers others. In this sense, a reckless driving charge can be used in tandem with other traffic violation allegations to punish the driver in a criminal way in addition to civil penalties.
The statute also says that a reckless driving conviction is a Class A misdemeanor. A Class A misdemeanor conviction can result in a fine of up to $1,000. A defendant can be sent to jail for up to one year under New York Penal Law § 70.15. A conviction for reckless driving also affects a person’s driver’s license. Five points can be added and a fine of $300 can be imposed in addition to any criminal penalties.
Common Defenses for Reckless Driving Charges
It is easy for a police officer to accuse a defendant of reckless driving. The statute is written in a way where an officer is allowed to make a judgment call as to what is reasonable in a certain situation. However, this same statute can be used to a defendant’s advantage at a trial.
In some cases, there are no witnesses to the defendant’s driving. Especially where there is no accident or property damage, the only witness may be the arresting officer. Jurors may be hesitant to take the officer’s word concerning what acts of driving are reasonable. but in cases where there is a collision with another driver, an effective defense can examine the acts of both drivers.
A common result of accident analysis is a determination that both drivers bear some responsibility for the collision. In these cases, a jury may be persuaded that although an accident did happen, it was the actions of both drivers that led to the collision.
Help From Legal Representation
Aggressive driving, known as reckless driving under New York law, is a rare form of driving violation that is also a criminal charge. For this reason, a conviction can result in both points on a person’s license and potential jail time.
It is imperative to take these charges seriously. New York City aggressive driving lawyers represent those facing charges in New York criminal courts against all accusations of reckless driving.
Whether the incident involved is an accident or is an example of an officer choosing to turn a ticket into a criminal offense, experienced legal counsel may be able to help. Contact a New York City aggressive driving lawyer today for help keeping your criminal record clean and preserving your driving privileges.