Reckless Driving
NYS VTL Section 1212 states: Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.
Reckless driving is prosecuted differently depending on the county the ticket is issued in and the court the ticket is returnable to. Some courts prosecute reckless driving cases more vigorously than others. In Suffolk County, reckless driving charges are usually returnable to the Suffolk County First District Court in Central Islip, also known as the Central Islip Courthouse. Those charged with reckless driving in the east end will have their case heard at one of the Town or Village courts located in the east end. Those charged with reckless driving in Suffolk County should consult with a Suffolk traffic lawyer or Suffolk criminal lawyer. In Nassau County, most reckless driving charges are returnable to the Nassau County First district Court located at 99 Main Street, Hempstead. Those charged with reckless driving in Nassau County should consult with a Nassau traffic lawyer. If you are charged with reckless driving, there is an advantage in hiring an attorney early in the process.
In New York, a conviction for reckless driving is a misdemeanor. A conviction for reckless driving will result in a criminal record unless you were under the age of 19 years old when the offense occurred and are granted youthful offender status by the court. A conviction for reckless driving can lead to a term of imprisonment. The amount of jail a court can impose depends on whether it is a first time, second or third time conviction for reckless driving. A court can impose a sentence of up to 30 days incarceration on a first time conviction. If it is the second time you are convicted of reckless driving within 18 months, the court can impose up to 90 days incarceration, and if it’s a third conviction for reckless driving within 18 months, the court can impose up to 180 days incarceration. A reckless driving conviction can also lead to a revocation of your driver’s license. Reckless driving carries 5 points on your license or driving record.
The fine schedule for someone convicted of reckless driving is a fine of $100 minimum – $300 maximum for a first offense, $100 minimum – $525 maximum for a second offense within 18 months, and $100 minimum – $1125 maximum for a third offense within 18 months. The court will also impose a mandatory surcharge of either $88 or $93 depending on the court.
Reckless driving is considered a serious traffic violation and carries more serious consequences for those with a CDL License.
NO ONE SHOULD EVER PLEAD GUILTY TO THE CHARGE OF RECKLESS DRIVING
WITHOUT FIRST CONSULTING WITH AN ATTORNEY
Contact a New York Traffic Lawyer Today!