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What to Do if You’re Charged with Reckless Driving

If you have been charged with Reckless Driving, you’re going to require a skilled Phoenix Criminal Defender.

With a Reckless Driving charge, it must be shown that a person drove with reckless disregard for the safety of “persons or property.” If other vehicles were no nearby (i.e., within “striking distance”), then it can be argued that nobody was put at risk. The same would apply for property. If it did not appear that a person was going to strike any other property (such as parked cars, buildings, fences, etc.), then this can serve as a defense. Merely driving fast and weaving in and out of traffic does not qualify as Reckless Driving. In fact, it might qualify as “Aggressive Driving” or “Drag Racing”, but not “Reckless Driving”.

It is important to try to argue for the lesser charge of “Aggressive Driving” because that is a civil violation (not a criminal violation), and therefore, no jail time can be imposed. In addition, the Judge cannot suspend your driver’s license for an Aggressive Driving, whereas they can suspend it for a Reckless Driving. It will be important to interview all potential witnesses who were nearby (or passengers in your car) in order to demonstrate that you were not driving recklessly.

 

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