Miami Reckless Driving Lawyer
The term “reckless driving” refers to the act of driving without regard for others’ safety. Drivers have the responsibility to follow traffic laws, such as speed limits and signals regulating traffic flow, for their own safety as well as the safety of other drivers, passengers, and pedestrians. When a driver fails to obey the posted traffic laws, he or she is negligent. When a driver goes beyond negligent and drives with a willful, wanton disregard for others’ safety, he or she is reckless.
Reckless driving is a criminal offense. If you are convicted of reckless driving, you can face criminal penalties that include incarceration, fines, and probation. You may also face the social penalties of having a criminal record, such as difficulty securing a job. If you are charged with reckless driving, fight your charge by working with our team of experienced Miami reckless driving lawyers.
What Constitutes Reckless Driving?
Examples of actions that may be considered to be reckless driving include:
- Failing to yield to a pedestrian or another driver who has the right of way;
- Running through red lights or stop signs without regard for others on the roadway;
- Driving in excess of the speed limit;
- Driving while drunk or under the influence of drugs;
- Driving while distracted by a cell phone, tablet, GPS, or any other distraction;
- Cutting and swerving in and out of traffic in a dangerous manner; and
- Driving without the proper lights on your vehicle or without using turn signals.
Defenses Against a Reckless Driving Charge
Negligent driving and reckless driving are not the same thing. In order to be convicted of reckless driving, the court must prove that you purposely drove in a dangerous manner, knowing that your actions could cause harm to another person or a piece of property and that despite knowing the consequences of your actions, you chose to drive in a dangerous manner anyway. This will require the court to examine many different factors in your case, such as your driving pattern, eyewitness accounts, and whether there were people or objects nearby that could have suffered harm.
If you are not found guilty of reckless driving, you may still be deemed to be negligent and in some cases, liable for the victim’s damages. But you will not face the criminal penalties for a reckless driving conviction, which can include fines and jail time. The penalties an individual faces for a reckless driving conviction depend on the severity of the damage caused by his or her actions.
Contact Our Experienced Miami Reckless Driving Lawyers
If you have been charged with reckless driving, you could be facing penalties that include fines and the loss of your driver’s license. Rather than simply accepting these penalties, fight the charge with the aid of an experienced criminal defense lawyer. Many individuals do not realize that they can work with a criminal defense lawyer to fight a traffic violation. To learn more, contact our team of experienced Miami reckless driving lawyers at Ratzan & Faccidomo, LLC today to schedule your initial legal consultation with us.