reckless driving

The police may charge you with reckless driving if they think you’re putting your safety and other road users at risk. Reckless driving is a leading cause of accidents in the country and a serious traffic offense. A driver can be issued with a ticket even if there’s no wreck.

If you’ve been charged with reckless driving, you can contact a Long Island criminal justice attorney to help you fight the charges. They can investigate the case, create a strong defense, and provide legal representation for you in court.

What Are Some Examples of Reckless Driving?

Reckless driving is using a vehicle or driving unreasonably while interfering with the proper and free use of roads. The act endangers the life of the driver and others on the road. While this is a broad definition, here are specific examples of reckless driving:

Driving Under the Influence or While Intoxicated

According to the New York Vehicle and Traffic Law § 1192.3, drunk driving is one of the most severe forms of reckless driving. When charged with drunk driving, a Long Island reckless driving defense lawyer may attempt to reduce the charges to reckless driving.

However, the plea will still earn you a criminal conviction. Moreover, you may also be faced with reckless driving and driving while intoxicated charges.

Speeding

Speeding is one of the most common reasons drivers earn a traffic ticket in the United States. A driver can get ticketed for violating laws restricting the speed at which vehicles travel.

Generally, three types of laws related to speed restrictions exist:

• Drivers should drive at a speed that is reasonable under the circumstance
• Local governments and related regulatory authorities must establish maximum speed limits
• Specific maximum speed limits must exist for particular settings

Regardless of the speed limits defined by the law, any person who drives recklessly or at a speed that endangers the life or property of another person shall be guilty of reckless driving.

Other Forms of Reckless Driving

These traffic violations also amount to reckless driving

• Driving a vehicle without headlights at night
• Driving a car that isn’t under control, for example, one that has faulty breaks
• Passing on or at the crest of a grade or on a curve
• Driving while the view is obstructed
• Driving abreast in a single lane
• Passing at a railroad-grade crossing
• Parking in a fire lane
• Turning into the wrong lane
• Running a stop sign or red light
• Not giving proper signals on the road

When charged with the offense and taken to court, you need the help of a criminal justice lawyer in Long Island to defend you. They can argue your case to minimize the penalties for reckless driving. They can also provide legal counsel to ensure you’re aware of the risks and options while updating you on the case’s progress.

How Does the Prosecution Prove Reckless Driving in New York?

The burden of proof lies with the prosecutor to show that you’re guilty of the offense of reckless driving. Their task depends on the part of the statute of reckless driving you’ve been charged under.

For example, if you were charged with driving in a way that endangered the life or the property of others, the prosecution may use the record of the arresting officer and other witnesses to get you a conviction. The statements you made to the arresting officer and testimony regarding your misdemeanor at the time of the arrest can be used as evidence.

Regardless of your type of reckless driving, the prosecution must show beyond a reasonable doubt that you’re guilty of the offense. If the evidence the prosecution presents leaves room for interpretation, the jury might reduce or drop the charge. That would be based on the prosecution’s inability to fulfill its obligation to meet the required burden of proof.

What Are the Penalties for Reckless Driving in New York?

Reckless driving comes with severe consequences, which vary from state to state. In New York, the penalties can include the following:

• Fines: The fines for reckless driving increase with each subsequent offense. The first offense attracts a minimum fine of $100, while a third offense attracts a maximum fine of $1,125. 
• Potential license suspension: One reckless driving charge and two red light tickets earn you 11 points; beyond that, you will suffer a license suspension by the Department of Motor Vehicles. 
• Jail time: Reckless driving, more than other traffic offenses, is likely to include jail time. A first-time offense can earn you up to 30 days in jail, while a third offense can potentially see you spend up to six months in jail. 
• Criminal record: Reckless driving can be charged as a misdemeanor or felony. It leaves you with a criminal record for the rest of your life. With a criminal record, it becomes hard to get into college, get a job, or access housing. 
• Higher insurance premiums: When the offense is reported to your insurance company, you may have to pay higher vehicle insurance premiums. The increase can be as high as 76%. 

These penalties can be tough on you, but a New York reckless driving defense lawyer can fight for you and defend your rights, future, and freedom. 

What Are the Possible Defenses for Reckless Driving in NY?

You only earn a conviction for reckless driving if the prosecutor can prove that you were reckless about the consequences of your actions while operating a vehicle. In most cases, the requirement is higher than simply proving your negligence. For example, not stopping at a stop sign may not pass as negligence, but running a red light and speeding may be.

A reckless driving defense lawyer in Mineola, NY, can aggressively fight to show that your actions were not reckless. Then, you’d have a valid defense against the charge.

Legal Guidance from a Skilled Defense Attorney in New York

Reckless driving is a criminal offense that attracts hefty fines and, potentially, jail time. It’s in your best interest to engage an experienced reckless driving attorney in New York to build a solid defense and protect your rights.

Our law firm is ready to help you. While we can do our best to change the course of your life, you need to act fast so we can start a case assessment. Contact us today to schedule a FREE consultation with our team.

Running a red light is a common occurrence. Sometimes it may happen on purpose but it’s not too unusual to hear about people who were tired, late at night after a shift who accidentally ran a red light when nobody else was out and about. But even alone like this, thanks to red light cameras, you could still find a fine arriving in the mail shortly after.

Running a red light is so common, in fact, that it is among the most ticketed offenses in the whole of New York state. It’s bad enough getting ticketed for running a red light but many people worry about getting charged with a crime like reckless driving. Running a red light may result in a reckless driving charge but it isn’t always the case. To understand why, it’s important to first see how the state defines reckless driving.

Reckless Driving Definition and Meaning?

Reckless driving is described in such a way as to give law enforcement a wide window for enforcement. This is best observed in the language that New York uses to define it. Reckless driving involves driving a vehicle in a way that “unreasonably interferes” with the use of a public highway. In addition, it also covers any action that “unreasonably endangers” others, whether they are drivers, cyclists or the pedestrians on the sidewalk.

This definition is important in determining whether or not you can be charged with reckless driving for running a red light. To use that example from earlier, pretend it is late at night after a long shift. If there is nobody else out and about then running a red light would neither unreasonably interfere with other’s ability to use the highway, nor would it be unreasonably engangering anyone.

This does not mean that you can’t still be pulled over and charged with reckless driving. An officer of the law absolutely could pull you over for running the red light. They could even charge you with reckless driving. However, there is a very good chance that the charge gets dropped. One case worth mentioning is that of People v. Bulgin in 2010 whereupon the individual ran two red lights before stopping for the police. They were shown to be unaware of the police trying to pull them over and they were not charged with reckless driving because there was nobody out and about for them to interfere with or endanger.

So it is possible to be charged with reckless driving for running a red light but the circumstances surrounding the traffic infraction are what will determine whether or not the charge is valid.

What Happens When You Run a Red Light?

There are three ways that running a red light could go. The first and easiest is that nothing happens. Nobody was around and the light in question wasn’t equipped with a red light camera. In this case, you just go along with your day and use the experience as a wakeup call to ensure you stop at the next one.

If the light was equipped with a camera then it would take a photo of your car committing the offense and a fine would be mailed to you. However, red light cameras tend to have lower fines than if you were stopped in person. This is one benefit but it arises from two facts. One is that it is harder to prove that the person ticketed was in fact the driver. The second is that it is unconstitutional to be charged this way as it denies the individual’s right to confront their accuser. A lower fine means people are more likely to pay it than fight it, which is a bad choice since they’re much easier to fight than when you get stopped in person.

Getting stopped in person is the worst of the options because it clearly places you behind the wheel of the car. When pulled over for running a red light there are two tickets you could be facing:

• VTL 1110a: This is a failure to obey a traffic control device, such as a red light or a stop sign. This could result in a fine up to $150, along with a surcharge of around $80. It also impacts your license by costing you two points. But worse of all, you could spend up to 15 days in jail. This is an unlikely outcome. It is typically only seen in cases where there was danger to the public and so it will almost universally be paired with reckless driving at that point.
• VTL 111(d)-1: This is a passed red light. Depending on whether it happened outside or inside the city will determine the penalty. It could range from a fine between $225 to $450, with that surcharge again. This time it is three points off the license and the potential for 15 days in jail.

What Defenses are There Against Running a Red Light?

Running a red light is easiest to defend when the charge comes from a red light camera. Being stopped in person it is much harder to argue that you weren’t the one driving the vehicle. In cases where you were stopped in person, there aren’t many defenses which you can use.

What Should I Do if I’m Charged with Reckless Driving?

It can be expensive to run a red light but being charged with reckless driving is a thousand times worse. This is a real crime rather than a simple violation. Being found guilty of reckless driving can be a quick way to get your license suspended if you aren’t careful.

If you’re charged with reckless driving then your best friend will be an experienced attorney. They’ll help you build a defense and show the court that your driving was not in fact reckless. If you’re being charged then call Mirsky Law Firm at (516) 299-6187 to see how we can help today.

Reckless driving in New York occurs when an individual is driving a vehicle in such a way as to unreasonably interfere with the use of public streets or unreasonably endanger the lives of other drivers, pedestrians and cyclists. This allows for a wide range of behaviors to fall under the heading of reckless driving.

A racing charge is a form of reckless driving charge. It specifies the type of reckless action the driver was taking. The extreme speeds involved in racing can easily lead to serious accidents, often lethal accidents and so law enforcement take racing violations very seriously. Racing also violates insurance agreements and together this can cause a reckless driving charge for racing to spiral out into several related charges or consequences.

What Counts as Racing in New York?

Illegal racing is defined in New York’s statute (VTL 1182):

• No races, exhibitions or contests of speed shall be held and no person shall engage in or aid or abet in any motor vehicle or other speed contest or exhibition of speed on a highway. Such event, if held, shall be fully and efficiently patrolled for the entire distance over which such race, exhibition or contest for speed is to be held. Participants in a race, exhibition or contest of speed are exempted from compliance with any traffic laws otherwise applicable thereto, but shall exercise reasonable care.

This definition is quite enlightening. It points out that racing in New York is not itself illegal. In fact, those involved in a legal race are actually exempted from certain traffic laws. So not only can racing be legal but it actually can then supersede other laws.

But we’re concerned about illegal racing in New York. This definition makes it clear that for a race to be legal the event must be patrolled over the entirety of the ‘track.” For this to occur there must be a plan for the distance to be raced and safety mechanisms be put in place. Much illegal racing occurs spontaneously and thus there is no plan in place prior to the race beginning.

Some races may be planned and still be illegal. If somebody tells you to meet at a certain location to race, then there is a plan being used. But if there is no security in place to patrol the planned route then the race is still illegal.

What are the Penalties for Racing in New York?

Racing in New York is only a misdemeanor offense but this doesn’t mean you should take the charge lightly. There are financial penalties which you will face, as well as the potential for spending time behind bars in jail. These penalties grow much worse if you are convicted of a racing charge a second time within the year. Penalties you may face are:

• Criminal Record: Having a permanent criminal record can make it harder to get a job, find a home or many other tasks which you might need to do to get by. Because racing is a misdemeanor crime in New York it means that a conviction will follow you the rest of your life on your permanent criminal record.
• Fine: Racing in New York will result in a fine between $300 and $525. However, if you are convicted a second time within the year then you will face a steeper fine between $525 and $750.
• Jail: Your first racing charge could result in up to 30 days in jail. Most people don’t take this into consideration because a misdemeanor crime doesn’t sound very serious. But jail time is always something that should be taken seriously. If you are convicted a second time within a year of the first conviction then you may face up to six months or half a year in jail.
• License Revocation: A racing conviction could see your license revoked. Not suspended, revoked. At the end of the revocation period you would have to reapply for a license. Because racing charges often result in revocation there are points taken off the license.
• Surcharge: There is a surcharge of between $88 and $93, in addition to the fine, depending on where in the state of New York the offense was committed.
• Insurance Impact: Getting a traffic ticket in general will see an increase in your auto insurance. Racing offenses are among the worst charges you can get when it comes to insurance as they can raise the price of your insurance nearly 75%! Your insurance may also refuse to cover accidents relating to racing.

What Defenses are there for Racing in New York?

There are a few defenses which can be taken when faced with a racing charge in New York.

The first defense is to say that you were not racing. This argues the fact that simply because you were speeding next to another vehicle, it doesn’t mean that you were racing them. This defense fully admits to speeding while fighting against the idea that you were racing.

Another defense is to argue that there was no planned racecourse. As we’ve seen above, New York’s statute clearly invokes the idea that there is a planned route involved in the race. This defense is famously used in People v. Grund where it was argued that while the two cars left an intersection at speed and then jockeyed for position, they were not racing because there was no intended course.

These defense tactics focus on the definition of racing to show that the defendant may have been speeding or driving recklessly but that they were not racing as defined by New York’s statute.

What Should I Do if I’m Faced With a Racing Charge in New York?

If you are faced with a racing charge then you’ll want to get an attorney that knows what to do. They will help you fight the charge and minimize the penalties. Mirsky Law Firm has experience with cases just like yours. Give us a call at (516) 299-6187 or (718) 412-8322 to see how we can help defend you against your racing charge.