If you have been charged with reckless driving, you should understand that a conviction will lead to significant, potentially life-changing penalties. The right defense can mitigate these penalties, or in some cases even lead to a full dismissal of charges.
A Clermont reckless driving lawyer can protect your rights at every stage of your case, even if criminal charges have not yet been formally filed. A skilled criminal defense attorney can create a layer of legal protection between you and the prosecution while aggressively advocating for your rights, interests, and freedom.
Reckless driving is when someone drives a vehicle with a wanton or willful disregard for the safety of others. A person can also be charged with reckless driving per se if they flee a law enforcement officer in a motor vehicle.
Numerous factors can aggravate a reckless driving charge and lead to more severe penalties if a conviction is reached in the case. For example, excessive speeding, trying to evade law enforcement, and operating the motor vehicle while intoxicated can increase the consequences attached to a reckless driving charge.
If reckless driving injures one or more other people, or the accused already has a criminal record, the accused may also face harsher penalties than a first-time offender. A first offense for reckless driving in Clermont that does not result in property damage or bodily injury is punishable by up to 90 days in jail and/or fines of up to $500.
For a second or subsequent offense, punishments can include jail time up to six months plus financial penalties of up to $1,000. However, if someone is injured or property damage occurs, the reckless driving charge becomes a first-degree misdemeanor that can lead to a maximum of one year in jail plus fines.
If serious bodily injury occurs, a reckless driver can face third-degree felony charges. Not only are felony charges considerably graver than a misdemeanor offense, they carry higher fines and penalties.
A third-degree felony is punishable by up to five years in jail, plus as much as $5,000 in financial penalties. A Clermont attorney can evaluate your reckless driving charge to determine the most effective defenses that could lessen or eliminate the penalties you are facing.
A reckless driving conviction can have a serious impact on your life well beyond the ramifications of jail time, fines, and probation. Your driving record and license privileges could be at stake. A conviction will also lead to a permanent criminal record that could affect your ability to get a job, rent an apartment, or exert various basic rights.
A Clermont attorney can identify what defenses can be used to negotiate a deal with the prosecutor, seek the reduction of your reckless driving offense to a lesser offense, or possibly get the case dismissed altogether. The right defenses to a reckless driving charge could hinge around factual and procedural disputes.
It may be possible to question the validity of the stop by law enforcement, dispute who was driving the car at the time of the incident, or show that situation does not satisfy the elements needed to constitute a reckless driving charge. Lack of evidence and Constitutional rights violations can also be plausible defenses.
A reckless driving charge can only stand if the driving in question was done in a willful and wanton manner with disregard for others’ safety. If it can be shown that the driver was speeding but did their behavior did not rise to the level of the willful and wanton, the prosecution’s case will fall short.
Depending on the circumstances that led to your reckless driving charge, you could face serious jail time and fines if convicted. A Clermont reckless driving lawyer can help you better understand the charge you are facing, along with gathering evidence and conducting an independent investigation into the situation. The right approach for your defense will be specific to your case.
Do not wait to get the legal help you need and deserve. Contact us today and ask for your free case consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
