Westchester County Aggressive Driving Lawyer
Although many of us drive more aggressively than we should at certain times, most of us have never been charged with a crime for our driving habits. Being accused of aggressive driving can be unfamiliar to many people. If you were charged with aggressive driving, you may be wondering what to do next and how to handle your case.
Contact a Westchester County aggressive driving lawyer for assistance. A knowledgeable attorney is familiar with all relevant New York laws and could review the evidence in your case and construct a defense that provides you the best chance at a positive outcome.
Basic Information on Aggressive Driving Charges
Aggressive driving generally results in criminal charges when the alleged driving is dangerous, reckless, or likely to cause harm to the driver or individual. These charges may include the following:
- Vehicular assault
- Aggravated vehicular assault
- Reckless endangerment
In some situations, aggressive driving cases also include accusations of driving under the influence of alcohol, drugs, or other controlled substances. Regardless of the exact charge, anyone dealing with an aggressive driving case should call a Westchester County attorney as soon as possible.
What are Some Examples of Aggressive Driving?
There are many ways that a person could exhibit aggressive driving, often through a combination of multiple moving violations. Typically, aggressive driving occurs when a motorist is angry at another driver or wishes to arrive at their destination faster. Tailgating is one of the most common signs of aggressive driving. This often results from a person trying to intimidate or speed up another driver. Traveling at high speed, making erratic lane changes, and driving the wrong direction down a one-way street are also common signs of aggressive driving.
What Criminal Charges Could Result from Aggressive Driving?
Technically, there is no offense known as aggressive driving under state law. That said, this term generally refers to a series of moving violations that represent a serious risk to public safety. There is, however, an offense known as reckless driving. Reckless driving involves a motorist unreasonably interfering with the free use of public highways in Westchester County. The term “aggressive driving” could be used synonymously with this misdemeanor offense.
Vehicular Assault in Westchester County
Under New York Penal Law §120.03, second-degree vehicular assault occurs when a person operates a motor vehicle while intoxicated and, as a result, causes serious physical injury to another person. This offense is considered a class E felony. As a result, according to New York Penal Law §70.00, a person could face between three and four years in prison. They may also face a fine of up to $5,000.
First-degree vehicular assault is more serious and occurs when someone commits second-degree vehicular assault while seriously intoxicated. Additionally, first-degree charges may also stem from an individual driving with a suspended or revoked license.
Causing serious injury to more than one person may also result in a charge of first-degree vehicular assault. Such an assault is a class D felony, which could be punishable by a seven-year prison term. Therefore, any person defending themselves against a vehicular assault charge should call a Westchester County aggressive driving lawyer for further information.
Reckless Endangerment Laws
Under New York Penal Law §120.20, a person is guilty of reckless endangerment if they recklessly engage in conduct that poses a substantial risk of injury to another. Under this statute, the driver’s conduct needs not actually cause an injury. In some aggressive driving cases, a person may be charged with reckless endangerment if they are accused of driving so recklessly that it might cause injury to other drivers, bicyclists, or pedestrians.
Although the most basic reckless endangerment charge is a misdemeanor, it may still result in up to a year in prison. A Westchester County aggressive driving attorney could provide information and advice to those facing a reckless endangerment charge stemming from their driving.
How Could an Attorney Help in a Westchester County Aggressive Driving Case?
The police routinely write citations and make arrests for so-called aggressive driving offenses without strong evidence to support their case. A persistent local attorney could attack this at trial by highlighting the state’s inability to meet their burden of proof for aggressive driving. In cases where the police did not witness the act of aggressive driving, an attorney could establish reasonable doubt as to whether the defendant was even involved in the incident. It is not uncommon for motorists to misidentify aggressive drivers, especially when they do not make direct contact with them at the scene. If the jury has reasonable doubt, it is their duty to acquit the defendant.
Let a Westchester County Aggressive Driving Attorney Help
If you were accused of aggressive driving in New York, you may need a qualified attorney to defend your rights and make sure you are treated fairly. A Westchester County aggressive driving lawyer is here to give you the legal support you need.
You do not have to try to fight these charges alone. For assistance with your aggressive driving case, get in touch with a Westchester County lawyer as soon as possible.