Did you receive a reckless driving ticket along with a second speeding citation?
Sometimes law enforcement will write a reckless driving ticket along with one or more payable tickets. This creates a situation that requires an understanding of the particular court where your case will be heard.
First, let’s understand the charge:
A reckless driving traffic ticket involves willful and/or wanton disregard for safety (speeding 30 MPH over the limit, aggressive driving).
Penalty: 60 days in jail, $1,000 fine, 6 points.
How a skilled lawyer can navigate multiple citations from a single traffic stop.
Firstly, you need to understand that all charges on a ticket are negotiable. This means that when you go to court, the State has the authority to dismiss some or all of the counts. An experienced lawyer can discuss your situation with the State prosecutor. An attorney may be able to point out weaknesses in the State’s case as it pertains to some of the charges.
For instance, a reckless driving charge that is exactly 30 MPH over the limit, may be vulnerable to a ±1 mph accuracy argument. If the device the officer used is only accurate to ±1 mph, then there may be a reasonable doubt that you were 30 MPH over the limit. Thus, in this particular scenario, the burden for a reckless driving charge may be difficult to prove. But, don’t celebrate yet. There are evidentiary obstacles that may thwart this specific defense. The key is to cast a doubt on the outcome.
Here’s where a 2nd citation could benefit.
If you have multiple charges, the State may choose to dismiss some of the offenses and offer a plea to a single charge. Thus, in some cases, having the 2nd charge may prove to be a benefit.
Your result may be determined by your prior record.
Your prior record will help the judge to determine your sentence. A clean driving record will indicate to the court that you are not a habitual offender. A clear driving history could result in leniency. On the other hand, a long history of poor driving may result in a more harsh sentence.
Benefits of having a lawyer for your reckless driving charge…
- A skilled lawyer knows which defenses will work in a particular court.
- Lawyers know how to prepare you for a favorable result in each specific court.
- If you hire an attorney you will not have to show up for your preliminary inquiry hearing.
- Lawyers know how to negotiate with prosecutors.
- Lawyers know when to settle and when to take a case to trial.