Prior to speaking with a criminal defense attorney, you should avoid entering a guilty plea to reckless driving charges. You might be shocked to discover that there are more possibilities for your defense than you initially anticipated. For a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055 right away.
Defendant Was Not Operating a Vehicle
The prosecution must demonstrate that the defendant was operating the car in order to prove their case. If they are unable to establish this beyond a reasonable doubt, they will not have met their burden of proof, and the case will likely be dropped or acquitted.
For instance, the defendant may have permitted someone to use their car, may have been a passenger when the car was stopped, or may not have been there at all and someone else made a false identification when the car was stopped.
The Driving Did Not Meet Reckless Driving Standards
In California, reckless driving is clearly defined, therefore the term is not meaningless. It must have been driven with "wanton disregard for the safety of other people or property" and be on a highway or off-street parking area. To act with wanton contempt, a driver must have been aware of the serious risk of injury they were posing and chose to ignore it.
For instance, if the allegedly dangerous motorist was simply speeding, they were only speeding and not driving recklessly. Although a criminal defense lawyer may contend that you were speeding, driving carelessly, and making poor decisions, none of these circumstances support a finding of reckless driving.
The Driver Was Preoccupied
Driving recklessly necessitates that the motorist was aware of their risky driving behavior and chose to disregard it. Sometimes, rather than driving recklessly on intent, people make mistakes behind the wheel because they are distracted by events around them.
The Radar Gun Used by the Police Was Unreliable
The accuracy of the radar gun that recorded the defendant's speed can be utilized to create a compelling defense if the case is largely focused on the defendant's speed. A radar gun needs to have been used appropriately and calibrated correctly and consistently in order to be trusted. Issues could also arise if the police was not properly educated to use it.
You Were Driving Recklessly for a Good Reason
They can be used as defenses to charges of reckless driving if you were under stress (such as running from someone who was trying to hurt you), there was an emergency, or you were trying to stop a more serious injury.
Regardless of the specifics of your case, it is crucial to speak with a criminal defense lawyer in order to learn more about your legal options. Call the Law Office of Michael L. Fell at (949) 585-9055 right away to get going.