Reckless driving involves operating a motor vehicle in a manner that endangers the safety of others. A conviction could result in hefty fines, points on a driver’s license, and time behind bars, so you must take these charges seriously.
The reckless driving lawyers at Siniard Law, LLC can help you navigate your options during this challenging time in your life. An experienced traffic attorney from our firm can ensure you understand the full implications of the charges against you and advise you of the best course of action. Contact us today to take advantage of a confidential consultation.
How Can a Huntsville Reckless Driving Defense Lawyer Help Me?
It can be intimidating to face serious criminal charges, especially when they seem to have come out of nowhere. An experienced lawyer can ease the stress of this time by:
- Carefully reviewing the charges against you
- Ensuring you understand your legal rights and options
- Safeguarding your rights by handling communications and interactions with law enforcement
- Interviewing law enforcement officers and other witnesses
- Analyzing the evidence against you and finding evidence in your favor
- Discussing the full implications of the charges before you accept a plea deal or proceed to trial
- Developing a legal strategy tailored to your case
- Negotiating a favorable plea deal
- Representing you at trial if this option best aligns with your interests
When you hire Siniard Law, LLC, you will have a dedicated attorney on your side who is focused solely on protecting your rights. Contact our law firm today for a confidential case review.
What Is Reckless Driving?
Reckless driving is considered a serious traffic offense in Alabama. Alabama law defines reckless driving as driving a vehicle “carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or without due caution and circumspection and at a speed or in a manner to endanger or be likely to endanger any person or property, shall be guilty of reckless driving.” This is a mouthful, but an experienced criminal defense lawyer can break it down for you.
Examples of Reckless Driving
Reckless driving depends on the specific circumstances. What may be reckless driving in one situation might not be in another. Some driving behaviors that might rise to the level of reckless driving include:
- Driving well above the speed limit
- Weaving between lanes
- Running red lights or stop signs
- Passing a stopped school bus
- Ignoring safety laws
- Street racing
An experienced attorney can review your case and explain why the prosecution has filed these charges against you.
Reckless Driving Increases the Likelihood of a Car Crash
You might think reckless driving is not a big deal and might not understand why you are facing criminal charges because of it. One reason prosecutors take these offenses seriously is that reckless driving increases the likelihood of a car crash.
Reckless driving can take many forms, speeding being one of the most common ones. According to the National Highway Traffic Safety Administration, speeding makes it more likely that a driver will lose control of their vehicle. It also decreases the amount of time a driver has to react after recognizing a hazard, which increases the likelihood they will not be able to stop in time to avoid a collision. If a collision does occur, injuries tend to be more severe because the force of the impact is greater.
Drunk driving is another common example of reckless driving. When drivers are impaired by alcohol, they may have blurry vision, be drowsy, have slower reaction times, have difficulty staying in their lane or controlling their speed, and have lowered inhibitions, which can increase risk-taking behavior. These impairments make it more likely that a crash will occur.
Tailgating other drivers and weaving through traffic without signaling can catch other drivers off guard or result in a collision when you are not paying attention. Traffic rules are put in place to protect motorists and other road users. When drivers disregard them, they may cause catastrophic injuries or even death.
Reckless driving accidents tend to result in serious injuries, including:
- Traumatic brain injuries
- Spinal cord injuries
- Internal injuries
- Amputations
- Neck and back injuries
- Paralysis
- Broken or dislocated bones
- Soft tissue injuries
These injuries can be expensive to treat and result in long-term impairment. The government wants to protect its citizens and avoid the expenses related to these injuries.
Potential Penalties for Reckless Driving in Alabama
If you are charged with reckless driving, you could face many potential consequences, including:
Fines
A first conviction can result in a fine between $25 and $500. A subsequent conviction can result in a fine between $50 and $500.
Jail Time
In addition to or instead of a fine, a person convicted of reckless driving can be jailed for up to 90 days for a first-time offense. For a subsequent offense, jail time, if ordered, is at least ten days and up to six months.
Driver’s License Suspension
The court can also prohibit you from driving a motor vehicle on public highways in Alabama for up to six months. The Director of Public Safety can suspend your license during this period under Alabama law.
Points on Your Driving Record
In addition to criminal penalties like incarceration and fines, you are also subject to the traffic offenses affecting your driving record. Alabama uses a point system for driver’s licenses. A reckless driving conviction will add four points to your driving record. After every three points, a one-month license suspension applies.
After accumulating more than twelve points in two years, your license is suspended for one year. Depending on your previous driving history, a reckless driving conviction can result in a longer suspension period. If your driver’s license is suspended multiple times, the state can permanently revoke it. After your license is suspended, you will be responsible for paying for license reinstatement fees before you can obtain a valid license again and legally drive in the state.
Your driving record directly affects your insurance premiums. Traffic infractions stay on your record for three to seven years. Your insurance rates may increase during this time, and you may pay thousands of dollars in increased premiums.
Liability in a Personal Injury Case
If your reckless driving resulted in an accident, you could also be civilly liable for the consequences. Your personal assets could be at stake as you could be required to pay for the victim’s:
- Medical expenses, including emergency transportation and treatment, nursing care, hospitalization, surgeries, physical therapy, and rehabilitation
- Future anticipated medical expenses
- Property damage
- Lost wages
- Diminished earning capacity if an impairment prevents them from returning to work
- Repairs or the replacement cost of their vehicle
- Pain and suffering
- Therapy
- Other non-economic damages
Personal injury attorneys may aggressively pursue you for maximum compensation for their injured client, potentially even seeking punitive damages. A personal injury lawsuit of this nature could bankrupt you.
As you can see, the potential consequences of a reckless driving conviction can derail your life. Let an experienced reckless driving accident attorney defend you from these serious criminal charges.
What Does the Prosecution Have to Prove to Convict Me of Reckless Driving in Alabama?
The prosecution has the burden of proof in a criminal case. To secure a conviction, they must prove every legal element of the crime by proof beyond a reasonable doubt. In a reckless driving case, this means that they must prove the following:
You Put Others’ Safety At Risk
The first element of this offense is that your operation of a motor vehicle was risky. It is not enough for your conduct to be merely negligent. Instead, your actions must be so careless or willful that they demonstrate you are disregarding the safety of others.
The prosecution can prove this element in various ways. You could have been driving 20 mph over the speed limit or at a speed or in a way that endangered others. You could have violated various traffic laws, such as weaving between lanes without signaling.
You Were Aware of the Risk
Next, the prosecution must be able to prove that you knew your actions would likely cause injury or damage. Your actions must have been likely to endanger a person or property.
You Intentionally Disregarded the Risk
The prosecution must also prove that despite knowing the risks, you took them anyway.
An experienced lawyer who can raise doubts as to any of these elements may be able to protect you from the severe consequences of a conviction. Contact a criminal defense attorney from Siniard Law, LLC today to help you fight reckless driving charges.
Possible Defenses to Reckless Driving
The potential defenses you can raise in your criminal case will depend on the circumstances. For example, even if you were speeding, if no other vehicles were around, this action may have been unlikely to result in harm to others. You may have been driving erratically because there was an emergency situation. You may not have been aware of any risk based on your driving. Your lawyer can evaluate your case and determine the viability of different defenses.
Should I Just Plead Guilty to Reckless Driving?
When many people receive a traffic ticket, their first instinct is to pay it. However, as noted previously, a conviction for reckless driving can have many negative consequences. By paying the ticket, you are admitting guilt to the offense.
Your driver’s license can be immediately suspended, and you can lose your way to get to work and complete other responsibilities. You can also create a criminal record that follows you around for the rest of your life, preventing you from opportunities related to work and life. A reckless driving conviction could negatively impact you at work, especially if you are a truck driver or you must drive as part of your work duties.
You will accumulate driver’s license points that can increase your insurance premiums. You may also be subject to a hefty fine you cannot afford. If you are ordered to pay a fine or restitution and do not, you can face additional penalties and possibly even incarceration.
You may have plausible defenses to the charges against you, and you would forfeit your right to defend yourself in a court of law by pleading guilty.
Even if you and your criminal defense lawyer ultimately decide that pleading guilty is your best course of action, by immediately pleading, you lose any leverage. Your lawyer may be able to negotiate a more favorable agreement that results in reduced fines or alternative sentencing. Before you plead guilty, reach out to an experienced criminal defense lawyer who can provide you with sage legal advice and quality representation.
What Other Crimes Can I Be Charged With?
If you have been charged with reckless driving, this does not preclude you from being charged with other crimes. The reckless driving statute specifically states that reckless driving is not a lesser included offense of driving under the influence of alcohol or drugs. Therefore, if your reckless driving was due to impairment, you could still face DUI charges.
If your reckless driving resulted in someone’s death, you could face charges of homicide by vehicle. If your reckless driving caused an accident and you did not stop at the scene to render aid and exchange information, you can face criminal charges for fleeing the scene of an accident. These are serious criminal charges that you should take just as seriously. Working with an experienced attorney is pivotal to safeguarding your rights.
Contact Us Today to Start Working with an Experienced Traffic Defense Attorney
The stakes are high, and you need a strong advocate in your corner to protect your legal rights and provide you with trusted legal counsel during this difficult time. An experienced criminal defense attorney from Siniard Law, LLC can protect your freedom and your rights during this pivotal time. Learn more about how our legal team can help you when you call our law office at (866) 726-3741 or contact us online.