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Reckless Driving is a very self explanatory charge. It implies that the driver operated their motor vehicle in a “willful and wanton” manner without regard to the safety of other individuals or their property. This Misdemeanor traffic charge is punishable by the imposition of four (4) points, a fine and possible jail time. Courts have also required other terms such as some type of traffic school, community service, or even probation when handing down a sentence in a Reckless Driving case. The maximum sentence is enhanced in the case of a second conviction. However, there is no minimum sentence for a person convicted of Reckless Driving, so a court can exercise a great deal of leniency. In order to determine what type of sentence will be imposed, Judges and Assistant State Attorneys will look at several aggravating and mitigating circumstances such as a prior record or whether the alleged “recklessness”resulted in a crash with injuries.

It commonly known that Assistant State Attorneys will consider amending DUI charges to Reckless Driving. Since a Reckless Driving conviction does not require a driver license revocation or any of the other Minimum Mandatory sanctions required by a DUI conviction, it is a considerably more preferable alternative.

It is important to note that despite belief to the contrary, amendments of DUI charges to Reckless Driving are not easy to obtain. State Attorney’s Offices throughout this state take DUI charges as serious matters, and their assistants will not consider an amendment to Reckless Driving unless the circumstances surrounding the case call for it. These circumstances may be based upon the unique facts of the case, or they may arise during the litigation of the DUI case in court. Since these circumstances aren’t easily apparent, the assistance of an experienced attorney is essential to bring them to light.

Rick Silverman - Traffic Attorney