New York City Reckless Driving Lawyer

Reckless driving charges can result in paying fines, serving time in prison, and having insurance companies significantly increase your rates. If you have been charged with reckless driving in New York City, contact a New York City reckless driving lawyer to review the charges against you, determine what legal defenses may apply to your situation, and find out if there is a way to have the charges dismissed altogether or have them mitigated through a plea bargain. Consult a skilled traffic lawyer and know that you are in capable hands.

What Does It Legally Mean to Drive Recklessly?

New York City has a very broad definition of what it means to drive recklessly. According to NY Vehicle & Traffic Code section 1212, reckless driving means:

“Driving or using any motor vehicle (including motorcycles) and those propelled by any power other than muscular power or any appliance or accessory in a manner which unreasonably interferes with the free and proper use of a public highway or endangers others.”

What that means is, essentially, anyone who is driving a car, truck, bus, motorcycle – whether gas-powered, electric, or a hybrid – who endangers others by operating it recklessly can be guilty of the crime.

In reality, that generally refers to speeding, racing, drag racing, driving on the wrong side of the road, driving on the shoulder of the road, or engaging in other activities (other than driving) – while driving.

Reckless Driving Penalties

New York City imposes severe consequences on those who drive recklessly. New York City reckless driving offenses are considered misdemeanors and can result in paying significant fines, spending up to 30 days in prison, and having a criminal record which generally cannot ever be expunged.

Reckless driver convictions can also result in license suspension, license revocation, and five points against a license. While the latter might not seem to be a big deal, it is. Insurance companies generally raise someone’s rates when points are charged against their license.

However, insurers also may look at the type of violation behind those points when deciding how much to increase rates. Common sense dictates that insurers will increase rates more for a reckless driving charge than for a parking ticket. A skilled New York City reckless driving lawyer can work to mitigate the penalties that an individual may face.

How Prosecutors Prove Reckless Driving

To secure a conviction for reckless driving, prosecutors must prove that you operated a motor vehicle in a manner that unreasonably interfered with the use of a public highway or endangered others. This requires more than showing a typical traffic violation, like speeding. The state will need to show that you acted in a way that disregarded public safety.

Prosecutors often rely heavily on the arresting officer’s observations. The police generally look for factors like erratic behavior and excessive speed when making an arrest. Police dashcam or body camera footage may be introduced as supporting evidence. Civilian witness testimony can also play a role, particularly in cases involving near-collisions or pedestrian endangerment.

In more serious incidents, accident reconstruction experts may testify to show how the defendant’s conduct caused a crash. Prosecutors may also present weather or road condition data to refute any claim that external factors caused the behavior.

Importantly, reckless driving is a criminal offense, and prosecutors must prove guilt beyond a reasonable doubt. That gives a New York City attorney the chance to challenge the evidence and argue the state has not proved reckless driving beyond a reasonable doubt.

What to Do After a Reckless Driving Charge

The steps you take in the hours, days, and weeks following an arrest for reckless driving can have a tremendous impact on the outcome of your case. Proceeding carefully can put you in a position to avoid a conviction, while careless behavior could wind up leading a conviction. You should do the following after a reckless driving arrest:

• Stay calm
• Do not admit fault
• Avoid social media posts
• Preserve dashcam footage
• Talk to an attorney

Whether it is to friends, family, or the police, the less you say about your case, the better. Even an offhand comment could be taken as an admission of guilty, putting your defense in jeopardy. You should only talk with your New York City reckless driving attorney about these charges until the case is resolved.

What Are Viable Defense Strategies in a Reckless Driving Case?

With the help of a reckless driving attorney, you have the chance to fight these charges and avoid a conviction in NYC. Some viable strategies include the following.

Lack of Evidence

The circumstances surrounding traffic offenses are often chaotic. There can be countless vehicles nearby, but tracking down witnesses is often impossible. Unless there is dashcam footage of an extended period of driving, it is often the officer’s word against yours that you were driving dangerously. It may be possible to beat these charges by arguing the state does not have enough evidence to prove your guilt beyond a reasonable doubt.

Necessity

You could avoid a conviction on those charges even if the state can ultimately prove all the elements of the offense if you can show you were driving that way out of necessity. If your loved one was having a medical emergency and you were rushing them to the hospital, you may be able to avoid a conviction.

Mistaken Identity

It can be difficult at times for motorists to identify a dangerous driver. This is especially true when the alleged reckless behavior was not witnessed directly by the police. You could argue that the witness misidentified you because you were driving a similar vehicle.

Working With a New York City Reckless Driving Attorney

Anyone who has been charged with reckless driving in New York City can fight those charges with the help of an experienced New York City reckless driving lawyer. A qualified attorney can begin to build a robust defense for you.

The stakes are high when it comes to New York City reckless driving convictions as they leave you with a permanent criminal record which can never be expunged and you may have to report the incident to prospective employers, landlords, and financial institutions – forever. Furthermore, reckless driving convictions also result in points on your license and higher insurance rates.

The bottom line is that anyone facing a criminal charge should make sure they know all the legal options available to them. In many cases, people simply do not know and end up paying for a crime – figuratively and literally – because they did not ask for help. Contact a skilled New York City reckless driving attorney that can advocate for you.