Apple Valley Reckless Driving Defense: 4 Strategies Your Attorney May Use
Posted on September 27, 2022 by John
Being charged with reckless driving in Apple Valley can significantly impact your life. If you are convicted of reckless driving anywhere in California, you could face up to 90 days in jail and a $1,000 fine. If there is a history of reckless driving on your part or if injuries or death resulting from the reckless driving, the consequences may be increased. This is why speaking with a reckless driving attorney is vital if you are faced with this charge.
4 Apple Valley Reckless Driving Defense Strategies
In a reckless driving case, it must be established beyond a reasonable doubt that you committed a reckless act on purpose while driving, and that act placed individuals in danger. There are a few defense strategies that a reckless driving defense attorney might use to help your case.
- You were not the driver. Because the prosecution must establish that you were driving the car at the time of the violation, an attorney may raise the argument that you were not the driver at the time. You may have been only a passenger in the car when law enforcement pulled it over, or someone else was using the vehicle at the time. In that case, the driver’s identity could be called into question.
- The driving was negligent but not reckless. All licensed California drivers are obligated to drive with reasonable care. Negligence is the failure to take this reasonable care while operating the vehicle. However, there is a distinction between negligent and reckless driving. A negligent driver may not intend for a collision to occur; however, a reckless driver either acts intentionally in a way likely to cause an accident. Because recklessness implies a willful contempt for the laws and safety of others, your attorney may argue that your actions may have been negligent but not reckless.
- You acted out of necessity. The argument of necessity says that the driver was forced to drive dangerously. This may be an effective defense if there was an emergency, or you were under extreme duress while driving. For example, you may have been being followed by someone intent on causing you or someone else fatal harm.
- The prosecution cannot prove recklessness involving speed on your part. Officers’ radar devices must be used correctly and calibrated regularly. The prosecution must establish that any equipment used to detect your speed in a reckless driving case was properly used and in good working condition. Your Apple Valley attorney may be able to argue that these elements, along with the claim of wanton disregard for the law and safety of others, cannot be substantiated.
Contact a Skilled Apple Valley Reckless Driving Defense Attorney
If you have been charged with reckless driving, call the Law Office of David Leicht at (760) 256-3104 for a free case evaluation as soon as possible. The Law Office of David Leicht serves Apple Valley, Barstow, and other surrounding communities of San Bernardino County.