You should not plead guilty to charges of reckless driving until you have talked to a criminal defense attorney. You might be surprised to learn that there are more options available for your defense than you first thought. Contact Law Office of Michael L. Fell now at (949) 585-9055 for a free legal consultation.

1. The Defendant Was Not Driving

In order to prove their case, the prosecution must show that the defendant was driving the vehicle. If they cannot prove this beyond a reasonable doubt, then they have not met their burden of proof, and the charges could be dismissed, or an acquittal can be achieved.

For example, the defendant might have allowed someone to borrow their vehicle, might have been a passenger when the vehicle was pulled over or was not there at all, and someone else claimed to be them when they were pulled over.

2. The Driving Did Not Meet the Requirements of Reckless Driving

Reckless driving is not a meaningless term – it is well defined in California. It requires that the vehicle was on a highway or off-street parking facility and was being driven with “wanton disregard for the safety of other people or property.” Wanton disregard requires that the driver was aware they were causing a significant risk of harm and ignored it.

For example, if the alleged reckless driver was doing nothing more than speeding, they were not guilty of reckless driving but rather just speeding. A criminal defense attorney can argue that your behavior was negligent, you were going too fast, and that you made bad decisions, but none of these facts are enough for a reckless driving conviction.

3. The Driver Was Distracted

Reckless driving requires that the driver know they were driving unsafely and ignored that fact. In some cases, a person might drive poorly because they were distracted by something going on around them – not because they were purposely driving unsafely.

4. The Police Officer’s Radar Gun Was Not Reliable

If the case is focused heavily on the speed of the defendant, then the reliability of the radar gun that clocked their speed can build a strong defense. In order for a radar gun to be trusted, it must have been used properly, and it must have been calibrated regularly and correctly. If the officer was not trained in how to use it, that could cause issues too.

5. There Was a Good Reason for Your Driving

If you were under duress (such as fleeing from someone who was trying to hurt you), there was an emergency, or you were attempting to prevent greater harm, then these can be used as defenses against charges of reckless driving.

Regardless of the circumstances surrounding your particular case, one thing is true: it is important to talk to a criminal defense attorney to find out what your legal rights are. Contact Law Office of Michael L. Fell now at (949) 585-9055 to get started.