In California, reckless driving is described as operating a motor vehicle in willful disregard of the welfare of another motorist, passenger, pedestrian, and property. An offender may be charged with reckless driving either on a public roadway or a parking lot.
Under the California Vehicle Code Section §23103(a), the negligence of the driver who was accused of violating traffic laws must be proven. The prosecution must provide sufficient evidence that the accused offender was the one who drove the vehicle on a highway or a private parking lot. It must also be proven that the driver was careless and intentionally disregarding the rules of the road. Let us say you have been involved in a car accident in Gold River due to reckless driving. What you should do is contact your Gold River car accident lawyer right away. Penalties for reckless driving include costly fines and imprisonment, depending on the circumstance of the car accident cases.
Defense Strategies against Reckless Driving
Hiring an auto accident lawyer is important for you to protect your legal rights and defend you against the car accident lawsuit. There are possible defenses that may be used against reckless driving.
The accused was not operating the car with wanton disregard
If there is no sufficient evidence that the defendant drove negligently or dangerously, the defendant shall be acquitted. Because there is no basis for the claims, it cannot be assumed that he drove his vehicle with wanton disregard.
It is a necessity and the defendant has no other choice
This may occur when an individual acts in an emergency to prevent significant bodily harm to another individual. It should not present a greater danger than the one prevented. A person who is involved in an emergency case should act appropriately to prevent bodily injury, which a reasonable individual will consider as a necessity. Note that the person involved should not have contributed significantly to the circumstance.
The defendant was not driving the car
Lack of evidence proving that you were driving the vehicle may also be used to defend you from false allegations. It is possible that another individual (maybe a family member or a friend) used your vehicle and drove carelessly. In this case, the charges against you may be dismissed because you were not the one who drove poorly.
Other related criminal offenses are usually charged together with reckless driving. These are:
Car accident injuries caused by reckless driving
Accident injuries and pain and suffering caused by reckless driving may be classified as a misdemeanor or felony, depending on the severity of the car accident case. In California, this criminal offense is usually charged together with reckless driving because it often leads to serious injury.
Racing while on a highway
Exhibition of speed, showing off, or racing is all unsafe and may lead to automobile accidents. This is why it is also related to reckless driving.
Driving under the influence (DUI)
Driving under the influence of any drug substance or alcohol is very dangerous because it affects the ability of the driver to safely operate the vehicle. Impaired driving is also related to reckless driving because it increases the risk of the motorist driving recklessly.
Speeding beyond the limit
Disobeying the traffic law often leads to traffic accidents. Traffic violations such as beating the red light and driving over the speed-limit are unsafe and could lead to an automobile accident because it endangers the life of the individuals.
Consult with an experienced Gold River defense attorney
In California, reckless driving is a serious crime. If you have been charged with reckless driving, consult with professional and committed criminal defense attorneys right away. It is important to have legal help and assistance to avoid the consequences of being falsely accused of a criminal offense.
An auto accident attorney could negotiate with the judge in a plea bargain, reduce the sentence, or help drop the charges against you. Your defense attorney shall review the details of the case and formulate a strategy to defend you and achieve the best possible result.
If you have been falsely accused of a criminal offense, Gold River criminal defense attorneys have excellent knowledge and extensive experience regarding the court system. They also have a detailed understanding of the criminal justice system in California. Defense lawyers will help you avoid the fines and penalties in this kind of situation. Call us at The Chastaine Law Office for a free consultation.