car accident attorneys on lawfuel

What Needs To Be Proven In A Reckless Driving Case?

car accident attorneys on lawfuel
Lindsay Lohan Car Accident.

Reckless driving is a serious traffic offense. It can happen to anyone, any time (our pic shows actress lindsay Lohan’s accident). If you are charged with reckless driving it means that you have disregarded the rules of the road by driving dangerously and thus endangered or caused damage to other vehicles, pedestrians or property.

What Constitutes Reckless Driving?

If you are behind the wheel of a moving vehicle and do one of the following actions, you are engaging in reckless driving. And these are just a few examples:

  • You are speeding excessively, going significantly over the posted speed limit
  • You are ignoring traffic signs
  • You are passing illegally such as when you pass on a curve or make use of the opposing traffic lanes to pass
  • You are tailgating
  • You are racing other cars
  • You are driving erratically, weaving through traffic
  • You run away from the police that has indicated you should stop or pull over

What Is The Main Cause Of Reckless Driving?

Although there may be others, the main cause of this behavior is the decision of whoever is driving the vehicle. This means that if that same person decides to follow the rules of the road, no reckless driving will have been committed, and accidents can be prevented.

What Needs To Be Proven In A Reckless Driving Case?

Depending on the reckless driving charge you are faced with, there are different ways you can be charged and different methods to prove it. Here are some examples:

  • If you have been charged with reckless driving because of excessive speed, the prosecutor must present evidence of that speed and the device that was used to measure it (which needs to be working correctly).
  • If you were charged because you were driving in such a way as to pose a danger to other persons or property, the prosecutor will use the testimony of the officer that issued the charge, as well as the testimony of witnesses or any dashcam or surveillance video footage.

Is There Anything You Can Do To Help Build A Strong Defense In A Case Of Reckless Driving?

  • Obtain a speedometer calibration. It may show a lower speed than what you are actually driving.
  • Gather testimony from witnesses, they may shed light as to why you had to be weaving through traffic.
  • Take photos of missing speed signs or damaged ones that might have made it hard for you to spot them.

There are extenuating circumstances that may cause you to speed or weave through traffic. It may be a medical emergency and you are rushing to get a loved one to the hospital, or your wife might be about to give birth and there is no time to waste.

In general, the prosecutor must meet the required burden of proof for the charge to stand, otherwise it may be reduced or dropped. In these cases, you have to know that a conviction is not guaranteed, particularly if you have the help of an experienced attorney.

Since reckless driving is a criminal offense associated with stiff fines and the possibility of having to serve jail time, it’s in your favor to explore every possible avenue in order to build an aggressive defense. So, if you have been charged with reckless driving, get into action right away.

Call the offices of lawyer Timothy J. Ryan and set up an initial no-cost consultation today.

Scroll to Top