Those who drive without regard for others may be risking the safety of not only themselves, but people or drivers nearby. The rules of the road have been established as a way to help prevent tragedy from happening. When an officer sees someone driving in a threatening or careless way, they may get arrested for a reckless driving charge. After the arrest, the driver may start to think about what to do next and what future repercussions may be served for the accused wrongdoing.
What factors are taken into consideration for my conviction?
The court system or judge may take into account all the details surrounding your reckless driving arrest, including how aware you were that what you were doing was risking the safety of others, if anyone or property was harmed due to the behavior, whether children were in the vehicle with you, weather conditions, if you were in a residential area, and whether you have a history of criminal activity.
Is it up to the officer to decide what is reckless, and what is not?
There are laws that apply to each state which define more specifically what actions are deemed reckless. But when driving on the road, it is up to the judgement of the officer whether to pull you over and arrest you. After that, it is decided by the court whether you are convicted and what punishments follow.
I’m worried about my car insurance, will it go up?
While your insurance rate will probably not increase because of your arrest, it may if you are actually convicted of the driving crime. Insurance companies are in the business of providing coverage to people, but must also make sure they are not at a financial risk. Your insurer may feel you are too risky to offer coverage for, so this means they may drop you from insurance completely. Depending on your insurer, they may or may not be comfortable continuing giving you coverage.
Will I have to go to jail for a long time if I am convicted?
In general, those convicted of reckless driving may have to spend time behind bars but often does not exceed past a 12 month period. A person who had caused personal injury to another person or property damage, may be more likely to serve jail time. All reckless driving arrests should be treated seriously, as these convictions tend to have more severe repercussions compared to other driving violations. You may want to consider hiring an attorney to help you every step of the way.
When should I meet with a lawyer about my arrest?
The sooner you consult with a lawyer, the more time you have to create a defense strategy. Some drivers who feel they cannot afford legal guidance, may represent themselves during the court hearing. This can be an incredibly risky thing to do, as the judge may see it as you not taking your charge seriously. Also, you won’t have any protection from being served a harsher punishment than necessary. A speeding ticket attorney Middletown, NJ trusts can help protect you from a heavy-handed judge who is being overly aggressive with the chosen consequences.
Thank you to our friends and contributors at the Rispoli & Borneo, P.C. for their insight into speeding and criminal defense.