Founding Attorney
Under New York law, a driver commits reckless driving by operating a vehicle in a way that unreasonably interferes with traffic or endangers others. The law applies to driving behaviors on public roads and in parking lots with at least four spaces.
Reckless driving is a misdemeanor offense in New York, meaning it is more serious than a traffic violation. A reckless driving conviction can lead to criminal penalties, including fines, license points, and possible jail time. Since reckless driving is a misdemeanor, it creates a criminal record that can affect employment and background checks.
How Plea Bargaining Works in New York Traffic Courts
A plea bargain allows you to negotiate a reduced charge instead of facing the full consequences of a reckless driving conviction. A prosecutor might agree to drop a misdemeanor reckless driving charge in exchange for a guilty plea to a lesser offense, such as failure to obey a traffic device or imprudent speed. If your attorney negotiates a plea bargain and you accept it, you can avoid a criminal record and might receive fewer points, lower fines, and no jail time.
Several factors can influence whether a prosecutor agrees to reduce a reckless driving charge. A driver with a clean record has a better chance of receiving a lesser charge. Weak or insufficient case evidence, such as a lack of clear proof of reckless intent, can also lead to reductions. A lawyer can review your case and determine whether negotiating a plea deal for a reduced charge is the ideal course of action.
Possible Defenses Against Reckless Driving Charges
The right defense for a reckless driving charge depends on the facts of the case. Some defenses challenge the evidence, while others argue that your actions did not meet the legal definition of reckless driving. A lawyer can review your case to determine the optimal defense strategy, which might involve demonstrating:
- Lack of Intent: Awareness of your actions is a critical aspect of recklessness. If you made an unintentional mistake rather than a conscious decision, such as misjudging a turn or failing to see a traffic sign, the charge might not stand.
- Insufficient Evidence: The prosecution must prove reckless driving beyond a reasonable doubt. If the evidence against you is weak, unclear, or based only on a police officer’s opinion without supporting proof, your lawyer could challenge its reliability.
- Emergency Situations: Sometimes, drivers must act quickly in response to emergencies. For example, swerving or speeding to avoid an accident or a medical emergency might look reckless, but it could be justified under the circumstances.
- Improper Traffic Stop: If the officer had no valid reason to stop you, any evidence they gathered during the stop might be inadmissible in court. Your attorney could argue that the traffic stop violated your rights and ask the court to dismiss the case.
- Inaccurate Police Observations: Reckless driving charges often rely on the officer’s judgment. A lawyer can challenge the accuracy of the officer’s report by presenting witness statements, dashcam footage, or expert testimony.
- Poor Road or Weather Conditions: Some drivers appear reckless due to circumstances beyond their control. Poor road conditions, sudden weather changes, or mechanical failures can make it difficult to drive safely.
Contact a Long Island Reckless Driving Defense Attorney Today
If you are facing a reckless driving charge in New York, a defense attorney from Michael A. Arbeit, P.C. can help you understand your options. A conviction can bring harsh consequences, but a reduction or dismissal of the charges against you might be possible. Attorney Michael A. Arbeit can review your case, explain potential defenses, and discuss the ideal path forward. Contact Michael A. Arbeit, P.C., today to get started with your free consultation session.