The exact law in regards to reckless driving varies a bit from state to state, but in general, if you are accused of driving a significant amount over the posted speed limit, the officer issuing the speeding ticket may also consider charging you with reckless driving. But just because you are accused of reckless driving or speeding does not mean you are automatically guilty. You have the legal right to have your day in court and it may be possible to beat the charges or get your case dismissed if you play your cards right.
Here are some tips to keep in mind to fight a reckless driving charge.
1. Challenge the Stop
The fine print may vary again by state, but in general, police officers are expected to have a valid reason before pulling someone over for a traffic stop. If you can prove in court that the police officer could not possibly have had a valid reason to pull you over, any charges you are accused of could be thrown out. A common example of this defense is to look at where the police car was positioned and compare it to the route you were driving. If you can prove that the police officer was not close enough to use a radar gun on you. Or if the officer's view of your car was obstructed by a building or another landmark, you might be able to say that the police officer did not have the evidence needed to make a legal stop.
2. Clarify that You Were Not in the Driver's Seat
This defense is a bit rarer but it can and does happen. In many communities today, people are automatically monitored for speeding by red-light cameras and other technology. The tech picks up the license plate of the alleged speeder and then the town or state sends a ticket or possible charges in the mail to the person that owns the car. If your car was flagged in this way but you were not the driver, you may be able to get the charges and ticket thrown out. For example, maybe you were letting a friend or a spouse drive the car. This could, of course, cause issues for the actual driver, but if you know you are not the guilty party, you have the right to dispute what happened.
3. Challenge the Technology
Whether it was a radar gun or a red light camera system, you also have the right to challenge or question the technology involved in the stop. You can ask the police to prove that the camera or other tech was properly calibrated at the time of the incident. If they can't provide clear evidence of proper calibration, you might be able to get your case thrown out.
For best results when fighting reckless driving charges or a speeding ticket, contact a reckless driving attorney.
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