Reckless driving in NYC is a serious traffic offense and falls under New York Vehicle and Traffic Law (VTL) § 1212. This violation isn't just a standard traffic ticket but is considered a misdemeanor crime, meaning it can result in a criminal record. Individuals accused of reckless driving are alleged to have driven in a manner that "unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway." The consequences of a conviction can include significant fines, points on one's license, increased insurance premiums, and even jail time in some cases.
If you've been cited with this violation, it's crucial to consult with an experienced traffic ticket lawyer. James Medows, an NYC-based traffic ticket lawyer, has vast experience handling and defending against reckless driving tickets. With expert legal counsel, you can navigate the complexities of the New York legal system and seek the best possible outcome.
How do you normally get a reckless driving ticket?
Reckless driving tickets are typically issued when a driver's behavior on the road is perceived as egregiously unsafe or poses a substantial risk to others. The criteria for what constitutes "reckless" can be somewhat subjective, but generally, a driver may receive a reckless driving ticket in situations like:
- Excessive Speeding: Speeding at rates significantly higher than the posted speed limit, especially in areas with dense traffic or in conditions that make such speeds especially dangerous (like in school zones, residential areas, or during adverse weather conditions).
- Aggressive Driving: This can include tailgating, weaving in and out of traffic, brake-checking, and other forms of road rage.
- Ignoring Traffic Signals: Running red lights or stop signs, especially in a manner that endangers other drivers or pedestrians.
- Driving on Sidewalks: or other non-road areas to bypass traffic or obstacles.
- Engaging in Street Racing: or other illegal competitions on public roads.
- Operating Under the Influence: While this can also lead to separate DUI/DWI charges, driving erratically or dangerously because of impairment from drugs or alcohol can also lead to reckless driving citations.
- Causing Accidents: If a driver's actions result in a crash, especially if those actions were particularly negligent, they may be cited for reckless driving in addition to other potential charges or citations.
It's worth noting that what one officer may perceive as reckless, another might not. Thus, the issuance of such tickets often depends on the observing officer's judgment of the situation.
Is it worth it to challenge a reckless driving ticket?
Whether or not it's worth challenging a reckless driving ticket depends on several factors:
- Severity of the Allegations: Reckless driving is a serious offense in many jurisdictions, often classified as a misdemeanor rather than a simple traffic infraction. A conviction can result in heavy fines, points on your license, increased insurance premiums, and even jail time in some cases.
- Your Driving Record: If you have a clean driving record, challenging the ticket might be beneficial, especially if the potential penalties could lead to a suspended license. On the other hand, if you have a history of traffic violations, the court might be less inclined to be lenient.
- Evidence: If you believe the ticket was unjustly issued or if there are inconsistencies in the officer's account, you may have grounds to challenge. Eyewitness accounts, dashcam footage, or other evidence can be invaluable in such cases.
- Legal Costs: Hiring an attorney to challenge a reckless driving ticket can be costly. However, considering the potential long-term costs of having a reckless driving conviction on your record (like increased insurance rates), it might be a worthy investment. Someone experienced in traffic law, like James Medows, can provide valuable insight and representation.
- Potential Reduction or Plea: Even if you believe you might not win the case outright, by challenging the ticket, there's a possibility the court might reduce the charges or penalties, especially if you can demonstrate that your behavior wasn't as severe as initially charged.
- Impact on Employment: For those who drive for a living or hold professional licenses, a reckless driving conviction can have significant career implications. In such cases, challenging the ticket could be crucial.
In summary, while there are costs and effort associated with challenging a reckless driving ticket, the potential long-term implications of a conviction often make it worthwhile to consider a challenge. Consulting with a traffic lawyer can provide clarity on the best course of action based on the specifics of your situation.