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What is considered reckless driving?

Dealing with a Reckless Driving Charge in New York

The definition of reckless driving varies from one state to another. In New York, if a person is driving their vehicle so that it is causing unreasonable interference with others on the public highway, or their driving is unreasonably endangering other drivers, as well as cyclists and pedestrians, it is considered reckless driving.

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Law enforcement in New York has wide latitude when it comes to what behavior is determined to be reckless driving. If a reckless driving charge is going to be upheld in a New York court, a prosecutor must show the driver’s behavior displayed a total disregard for others. It must be proven they were driving in a manner that a reasonable person would not have under similar circumstances.

Examples of Reckless Driving

There are certain driving behaviors in New York that could lead to a reckless driving conviction

  • Consuming alcohol or drugs before they get behind the wheel of a vehicle and then committing multiple traffic violations. This could be the cause of an accident.
  • Driving a vehicle off of the road as their vehicle is going at an excessive rate of speed. The driver also makes no effort to slow down when they are near pedestrians.
  • Driving their vehicle over the centerline and speeding into the path of oncoming traffic. This often results in crashing into another vehicle.
  • Driving their vehicle through a police barricade.
  • Driving a vehicle onto an exit ramp, making a U-turn across traffic, and then hitting another vehicle.

Misdemeanor

Being charged with reckless driving involves the driver getting more than a simple ticket. It is considered a misdemeanor. When someone is convicted of reckless driving, there is a strong possibility it will involve jail time as punishment. The danger associated with reckless driving makes it more of a challenge to fight when compared to a regular traffic ticket. The good news is that the burden of proof is also greater.

Legal Defense

For a Traffic Ticket Lawyer NY to provide a successful defense, they could state there was no additional illegal acts by their client after the traffic violation. It could be possible to claim a driver broke speeding laws but didn’t engage in reckless driving. In some situations, an attorney could claim a person was not driving their vehicle recklessly because of what was occurring on the road. An attorney could also claim the charging officer was abusing their power and this is the reason for the reckless driving charge.

NY Traffic Ticket Lawyer understands that nobody needs to have their driving record permanently stained because of one charge. Contact them today. Learn how these legal professionals can help you resolve your reckless driving NY charge.