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.
In New York, a conviction for reckless driving is a misdemeanor. Another word 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 court can impose a jail sentence for a conviction for reckless driving. 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 as well. 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.
Reckless driving is prosecuted differently depending on the county the ticket is received in and the court the ticket is returnable to. Some courts prosecute reckless driving cases more vigorously than others. Also the assistant district attorney prosecuting the case will factor in as well. If you are charged with reckless driving, there is an advantage in hiring an attorney early in the process. Often these tickets can be dismissed by filing a demand with the court. When the demand is filed early on, often the police will fail to respond within the time limit allotted by law to respond to the demand and the ticket will be dismissed.
NO ONE SHOULD EVER PLEAD GUILTY TO THE CHRAGE OF RECKLESS DRIVING
WITHOUT FIRST CONSULTING WITH AN ATTORNEY
Contact a New York Traffic Lawyer Today!
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