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Defending Western New York Drivers

Buffalo NY DWI and Traffic Attorney

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Vehicle and Traffic Law 1212: Reckless Driving:

Reckless driving is defined as anyone driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.

Careless Driving Compared to Reckless Driving

Most statutes define reckless driving, at least in part, as including “wanton disregard.” As you can tell from the sound of it, this is a much higher standard to place on a person than mere carelessness. Careless driving, such as lane drifting or falling asleep at the wheel, is rarely (if ever) wanton.

Since reckless driving is a criminal charge, a conviction will mean you have a criminal record that can cost you from keeping or getting a job.

Also, depending on the severity of te reckless driving charge, you can receive up to 30 days in jail for a first time offense, 90 days for a second offense, and 180 days for a third offense.

A reckless driving charge will also cause your insurance premium to rise. In a recent study by Insurance.com reveals that the average insurance hike is 22% for reckless driving.

Penalties For Reckless Driving:

  • Up to five points on your license

  • fines from $100-$300

  • Misdemeanor Charges

  • A 70% fee for first time offenders.

Reckless is a misdemeanor charge, and typical require a court appearance. This means that your attorney will have the opportunity to cross examine the police officer who issued the ticket.

Recently, the New York State senate passed legislation to strengthen the penalties for reckless driving, and created a new charge of "Aggravated Reckless Driving" for those who were driving recklessly on drugs or alcohol, and for drivers traveling in the wrong direction. A charge of aggravated reckless driving is a Class D Felony in New York.

Don't make the mistake of pleading guilty without consulting a lawyer. Hire an experienced trial attorney that knows how to minimize the consequences of an arrest. Call Attorney Patrick McLaughlin at (716) 536-0589 for a free consultation.

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