Reckless Driving Lawyer Greensboro, NC
If we had a nickel for every time someone was charged with Reckless Driving in Guilford County, we’d be wealthy. This charge tends to be combined with a Speeding Ticket but the punishment for it can be far more serious. Our Careless & Reckless Driving Attorneys in Greensboro NC go through Reckless Driving charges, the elements and possible defenses below.
- What level crime is a Reckless Driving in North Carolina??
- Can I get jail time for Reckless Driving?
- What are the elements of Reckless Driving in North Carolina
- Do I have to be Speeding to Drive Recklessly?
- What does are Examples of Reckless Driving – Carelessly & Heedlessly?
- Can I be Convicted of both kinds of Reckless Driving to the same Situation?
- What are examples of Reckless Driving – Endangering Others or Property?
- GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
- Greensboro Reckless Driving Lawyer Google Review
What level crime is a Reckless Driving in North Carolina?
The first time you’ve been charged with Reckless Driving, it’s important to note it’s a Class 2 Misdemeanor and considered a criminal offense. Most people aren’t aware but there are two different types of Reckless Driving, one for being Careless and the other for Endangering People or Property; both of these can result in demerit points on your driving record, which we’ll go over below. To find out more about Reckless Driving: NCGS 20-140 Reckless Driving
Can I get jail time for Reckless Driving in Greensboro NC?
The quick answer is yes, jail time is possible, however, the possibility of jail time is typically not that high unless you’re a repeat offender in Greensboro, NC. The prospect for jail time varies based on your prior record level. For a Misdemeanor Charge in North Carolina, the judge looks at the number of prior convictions when determining how much time in custody you’re facing. This means the Judge will look at how many prior conviction dates you have on your record. Our reckless driving lawyers in Greensboro, NC, are typically able to keep our clients from being jailed as a result of representing them on a Reckless Driving charge. The maximum sentence for a misdemeanor reckless driving charge e is 60 days. But in order to have the worst record level possible this would require five prior conviction dates. As a first offender, someone charged with reckless driving can get up to 30 days in jail, but only after a violation or the terms of probation or something along those lines. If you’re a level 2 for misdemeanor sentencing purposes you can get up to 45 days in jail. Our reckless driving attorneys understand the nuances of these charges and will do everything we can to protect your rights, and also to keep you from going to jail.
Charged with Reckless Driving
What are the elements of Reckless Driving in North Carolina?
As mentioned before there are two types of Reckless Driving Charges in NC.
Reckless Driving: Carelessly and Heedlessly
- Drives
- A Vehicle
- On a Highway or Public Vehicular Area
- Carelessly and Heedlessly and
- In Willful or Wanton Disregard
- Of the Rights and Safety of Others
Reckless Driving: Endangering Persons or Property
- Drives
- A Vehicle
- On a Highway or Public Vehicular Area
- Without Due Caution and Circumspection and
- At a Speed on in a Manner
- That endangers or Likely to Endanger any Person or Property
Do I have be Driving Above the Speed Limit to Drive Recklessly?
If you look at the elements of the both Reckless Driving charges in NC – you do not have to be Speeding or Driving Above the Speed Limit as an Element of Reckless Driving. For the Endangering Others or Property charge you can be charged because of Speeding or Driving in a Manner that Endangers or is Likely to Endanger Others or Property. It does not matter if it was the person’s Intent to drive recklessly because as you can see above Intent is not an element of the crime
What are Examples of Reckless Driving Carelessly & Heedlessly?
In North Carolina the courts have decided a number of cases on what it means to drive Carelessly & Heedlessly through the years.
- State v. Lewis – There was enough evidence to show the defendant drove recklessly when:
- Drove at Night – 70 in a 60 MPH Zone
- Attempting to Elude an Officer
- Driving down a Dirt Road with their Lights Off
- Skidded to a Stop
- State v Floyd
- Drove 70 in a 45 MPH Zone
- Residential Area
- Suddenly applied breaks
- Came down the road sideways
- Slowed Down and then Accelerated Quickly
- Swerved back & forth 3 times.
- State v. Steelman
- 25 MPH Zone
- Ran into the rear of a truck
- Truck was propelled 125 feet by the collision
- State v. Dupree – a Reckless Driving Case in Our Favor
- NOT RECKLESS DRIVING WHEN:
- Vehicle was left of the center line
- Collided with another vehicle
- No evidence of driving at a dangerous speed or in a perilous manner
Reckless Driving Attorney Guilford County, NC
Can I be Convicted of both kinds of Reckless Driving for the same situation?
The State v. Lewis case featured a driver who had been charged with both Carelessly & Heedlessly Reckless Driving & Endangering Others or Property. The court concluded that even if a driver’s behavior fits the elements of both, for a single incident the driver may only be convicted of one kind of reckless driving.
What are Examples of Reckless Driving Endangering Others or Property?
It’s important to note that a person can have a traffic violation by violating the Speeding Statute but not be guilty of Reckless Driving. Also, intent is not an element of the crime the only evidence the State will need to show is that the person drove in manger that endangers or is likely to endanger others or property.
- State v. Teel – Reckless Driving Found when:
- Drove a motorcycle 100 MPH in a 45 MPH
- Followed an Unmarked Police Car
- Attempted to Pass on a Double Yellow & on the Shoulder
- Crossed a Double Yellow 2 -3 times
- Hit the White line 2 – 3 times
How Many Points is Reckless Driving in North Carolina?
In North Carolina, reckless driving is considered a serious traffic violation that can significantly impact your driving record. If convicted of reckless driving, the North Carolina Department of Motor Vehicles (DMV) will add 4 points to your driving record. This is true whether you are charged with reckless driving in Greensboro or elsewhere in the state.
These points can have several negative consequences, including:
- Higher Insurance Rates: Insurance companies in North Carolina typically increase premiums for drivers with points on their records. A reckless driving conviction can cause a substantial increase in your insurance costs.
- License Suspension: Accumulating too many points on your driving record can result in the suspension or revocation of your driver’s license. In North Carolina, if you accumulate 12 points within a 3-year period, your license may be suspended.
- Employment Issues: Having points on your record due to a reckless driving charge can also affect employment opportunities, especially for jobs that require driving.
Since reckless driving carries these serious penalties, it’s crucial to consider seeking legal representation. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our experienced traffic ticket attorneys can help you explore options to reduce or dismiss the charge, potentially avoiding the consequences of points being added to your record. Contact us today for a consultation and to discuss your case.
How Long Does Reckless Driving Stay on Your Record in North Carolina?
In North Carolina, a reckless driving conviction can remain on your driving record for up to 3 years. During this time, the offense will be visible to insurance companies, employers, and the North Carolina Department of Motor Vehicles (DMV). The 4 points added to your driving record for a reckless driving conviction will also remain for this same period unless removed through certain legal processes.
However, it’s important to note that while the points may eventually fall off after 3 years, the conviction itself may remain on your permanent record indefinitely. This can have long-term implications for your driving history and can be considered if you’re convicted of any additional driving offenses in the future.
Impact on Insurance and Employment
Insurance companies often check your driving record when determining your rates, and a reckless driving conviction can lead to significant increases in your premiums for the entire 3-year period. Additionally, employers—especially those in fields requiring driving—may view your driving record when making hiring decisions, which could affect job opportunities even after the points are removed.
Can You Get Reckless Driving Expunged in North Carolina?
Unfortunately, traffic violations like reckless driving are generally not eligible for expungement in North Carolina. This means that the conviction can remain part of your criminal and driving record permanently. However, hiring an experienced traffic attorney could help in reducing the charge or achieving a more favorable outcome in court, which could lessen the impact on your driving record.
At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we understand how a reckless driving charge can affect your future. Our experienced attorneys can work with you to explore all available options to reduce or dismiss the charge, helping to protect your driving record and minimize potential long-term consequences. Contact us today to discuss your case and how we can help.
Can a Reckless Driving Lawyer at your Law Firm get my Careless Driving Ticket Dismissed?
We certainly may be able to. First, we have to work through your Reckless Driving case with the District Attorneys’ Office. We may come back to you with some things you need to complete; perhaps it’s driving school, perhaps it’s community service or a combination of the two. We do everything we can to put the ball back into your court so you can take care of your part to get you to the best possible resolution of your situation.
Frequently Asked Questions About Reckless Driving in Greensboro, NC
What are the consequences of being convicted for reckless driving?
A reckless driving conviction in Greensboro, NC, can lead to significant consequences, including fines, points on your driving record, increased insurance rates, and potential jail time, particularly if you have a prior record. It’s imperative to consult a seasoned reckless driving lawyer to navigate these complex legal waters and mitigate the impact of such charges on your life.
How can a reckless driving lawyer assist in my defense?
A reckless driving lawyer provides invaluable expertise by analyzing the details of your case, identifying potential defenses, negotiating plea bargains, and fighting for your rights in court. Leveraging their comprehensive understanding of North Carolina traffic laws, these legal experts strive to achieve the best possible outcome for your situation.
Are there specific defenses against a reckless driving charge?
Yes, there are several potential defenses against a reckless driving charge. These can include challenging the accuracy of the speed measuring devices used, questioning the presence of appropriate signage, or asserting that the behavior did not meet the legal definition of “reckless.” A skilled reckless driving attorney in Greensboro, NC, will meticulously evaluate these angles to construct a robust defense strategy.
What should I do immediately after receiving a reckless driving ticket?
If you are issued a reckless driving ticket, it is crucial to remain calm and consult a reckless driving lawyer as soon as possible. Your attorney can guide you on gathering evidence, advise you on handling any related interactions, and begin crafting a strategic defense to challenge the charge while minimizing any adverse outcomes.
How does reckless driving differ from a mere speeding violation in Greensboro, NC?
While speeding violations and reckless driving are often intertwined, they differ significantly in legal terms and consequences, particularly when a traffic violation is involved. Sometimes the speed results in a citation plus having a misdemeanor reckless driving ticket. Reckless driving implies a willful, wanton disregard for safety and negligence, often resulting in more severe penalties. Understanding this distinction underscores the importance of consulting with a reckless driving attorney to differentiate your case and potential defenses.
With knowledge comes empowerment. Facing a reckless driving charge in Greensboro, NC, can be daunting, but with a proficient reckless driving lawyer by your side, you are equipped to tackle these challenges head-on. Together, we can strive for a resolution without a penalty that allows you to move past this hurdle and continue driving safely on the road ahead.
GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
317 S. GREENE ST, GREENSBORO, NC 27401
Reckless Driving charges are nothing to play around with and our top rated reckless driving lawyers in Greensboro, NC are here to help you. Whether the you’ve been accused of driving reckless – carelessly and heedlessly or reckless driving endangering others, Contact Garrett, Walker, Aycoth & Olson, Attorneys at Law today!
This is why you should contact our – Guilford County & Randolph County – Greensboro, High Point & Asheboro Lawyers to help with your Reckless Driving Ticket today.
Call us at (336) 379-0539 to schedule a free, in-depth consultation with our experienced lawyers.
Greensboro Reckless Driving Google Reviews:
Client Review
“As an immigrant in the USA, my worst fear is to deal with anything that involves court , police etc. A simple traffic pullover resulted in criminal charges on me and some considerable trauma. I was clueless what to do after i saw the warrant in my mail which i never expected. The best thing i did was to call Jason’s law firm. I was accused of some serious stuff which i did not do. As soon as i spoke to Jason for the first time, i felt relieved and assured.
Jason listened to me as i explained the incident, answered all my questions, explained me what the charges are. He made sure to bring down the accusations to a faulty equipment in my vehicle which is what it really was. I am very grateful to Jason for handling this case for me and helping me to get rid of the charges that were not true. I would highly recommend availing services of Jason for any of your legal trouble.” December 15, 20215/5 Stars