Reckless Driving (9/2/14) What am I possibly facing as punishment? Do I need legal representation?
2 attorney answers
I would hire an attorney. The charge can carry jail time. Only cost 3-5 hundred dollars for attorney on that charge.
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Yes, you absolutely need competent legal counsel to represent you. The charge of 'reckless driving' is classified as a "serious traffic offense" under the state's traffic code. If convicted, the fine ranges from $50 to $500 plus court costs and also the possibility of incarceration, even for a first offense. In addition, the state will assign six (6) points to your driver license. If you already have six or more points on your license, you are facing suspension of your driver license.
Reckless driving is defined under the state traffic code as: "(a) Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving." See, Code of Alabama, 1975, section 32-5A-190.
Therefore, the question before the court is whether or not you were driving in a willful or wanton manner so as to endanger life or property. There is to express speed violation stated or required to be proven. It is generally held that speed alone is insufficient to prove "reckless driving" but speeding combined with other factors or other violations may be sufficient. Your best course of action to seek the professional services of a qualified criminal defense attorney. Check the Avvo listings under 'DUI/Traffic' to assist you.