If you have been charged with reckless driving, you may wonder what to do. After all, this can be a scary and frustrating situation.
One of the best things you can do in this situation is to hire an experienced lawyer to help with your case. Along with getting legal representation, it’s a good idea to learn about the top defense strategies for your situation.
You Weren’t the Driver
For the district attorney to prove a reckless driving case, they must prove that the defendant was actually behind the wheel when the accident occurred. If they cannot provide proof of this, it may lead to the charges being dropped or an acquittal beyond a reasonable doubt.
The driver’s identity may be a problem if the person who has been accused of driving recklessly:
- Was a passenger in the vehicle when it was pulled over
- Allowed someone to borrow their vehicle
- Wasn’t there at all, but the person driving recklessly lied to the police by claiming to be the defendant (you)
The Driving Wasn’t Bad Enough to Be Considered Reckless
Reckless driving is defined clearly. If the person was not driving well, but their actions don’t define being reckless, they cannot be convicted of this crime.
It’s worth noting that just driving over the speed limit is not enough to be considered reckless, and this does not make it an automatic violation of the law. In most cases, these situations can be handled with a simple speeding ticket.
As a result, several poor driving choices do not meet the severity required for reckless driving to be charged. Some defense strategies rely on the collection of evidence that proves you were just:
- Making bad driving decisions
- Driving too fast
Even though these can be used to defend against more serious reckless driving charges, they will also likely result in some type of lesser infraction and ticket.
Another potential defense for a reckless driving accusation is that you were just distracted.
Reckless driving means that you know what you are doing isn’t safe, but you ignore the risks and continue on. If you drive poorly because you are distracted, you don’t have that same level of awareness. Instead, you only drive poorly because they aren’t paying attention to what they are doing while behind the wheel.
Unreliable Radar Gun
If your case is contingent on your speed, it may be good to challenge how reliable the radar gun was. Radar guns must be used properly and regularly calibrated. If this did not happen, then the case may be thrown out because of an unreliable radar gun reading.
Call an Attorney for Help
If you have been charged with reckless driving, it is a good idea to contact an attorney for help right away. They can review the facts of your case and help ensure you have the best possible defense for your situation. While there are no guarantees, you may be able to beat the charges with the right legal representation.