Reckless Driving Lawyer Greensboro, NC
If we had a nickel for every time someone was charged with Reckless Driving in Guilford County, we’d be wealthy. This charge tends to be combined with a Speeding Ticket but the punishment for it can be far more serious. Our Careless & Reckless Driving Attorneys in Greensboro NC go through Reckless Driving charges, the elements and possible defenses below.
- What level crime is a Reckless Driving in North Carolina??
- Can I get jail time for Reckless Driving?
- What are the elements of Reckless Driving in North Carolina
- Do I have to be Speeding to Drive Recklessly?
- What does are Examples of Reckless Driving – Carelessly & Heedlessly?
- Can I be Convicted of both kinds of Reckless Driving to the same Situation?
- What are examples of Reckless Driving – Endangering Others or Property?
- GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
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What level crime is a Reckless Driving in North Carolina?
The first time you’ve been charged with Reckless Driving, it’s important to note it’s a Class 2 Misdemeanor. Most people aren’t aware but there are two different types of Reckless Driving, one for for being Careless and the other for Endangering People or Property which we’ll go over below. To find out more about Reckless Driving: NCGS 20-140 Reckless Driving
Can I get jail time for Reckless Driving in Greensboro NC?
The quick answer is yes, jail time is possible, however, the possibility of jail time is typically not that high unless you’re a repeat offender in Greensboro, NC. The prospect for jail time varies based on your prior record level. For a Misdemeanor Charge in North Carolina, the judge looks at the number of prior convictions when determining how much time in custody you’re facing. This means the Judge will look at how many prior conviction dates you have on your record. Our reckless driving lawyers in Greensboro, NC, are typically able to keep our clients from being jailed as a result of representing them on a Reckless Driving charge. The maximum sentence for a misdemeanor reckless driving charge e is 60 days. But in order to have the worst record level possible this would require five prior conviction dates. As a first offender, someone charged with reckless driving can get up to 30 days in jail, but only after a violation or the terms of probation or something along those lines. If you’re a level 2 for misdemeanor sentencing purposes you can get up to 45 days in jail. Our reckless driving attorneys understand the nuances of these charges and will do everything we can to protect your rights, and also to keep you from going to jail.
Charged with Reckless Driving
What are the elements of Reckless Driving in North Carolina?
As mentioned before there are two types of Reckless Driving Charges in NC.
Reckless Driving: Carelessly and Heedlessly
- A Vehicle
- On a Highway or Public Vehicular Area
- Carelessly and Heedlessly and
- In Willful or Wanton Disregard
- Of the Rights and Safety of Others
Reckless Driving: Endangering Persons or Property
- A Vehicle
- On a Highway or Public Vehicular Area
- Without Due Caution and Circumspection and
- At a Speed on in a Manner
- That endangers or Likely to Endanger any Person or Property
Do I have be Driving Above the Speed Limit to Drive Recklessly?
If you look at the elements of the both Reckless Driving charges in NC – you do not have to be Speeding or Driving Above the Speed Limit as an Element of Reckless Driving. For the Endangering Others or Property charge you can be charged because of Speeding or Driving in a Manner that Endangers or is Likely to Endanger Others or Property. It does not matter if it was the person’s Intent to drive recklessly because as you can see above Intent is not an element of the crime.
What are Examples of Reckless Driving Carelessly & Heedlessly?
In North Carolina the courts have decided a number of cases on what it means to drive Carelessly & Heedlessly through the years.
- State v. Lewis – There was enough evidence to show the defendant drove recklessly when:
- Drove at Night – 70 in a 60 MPH Zone
- Attempting to Elude an Officer
- Driving down a Dirt Road with their Lights Off
- Skidded to a Stop
- State v Floyd
- Drove 70 in a 45 MPH Zone
- Residential Area
- Suddenly applied breaks
- Came down the road sideways
- Slowed Down and then Accelerated Quickly
- Swerved back & forth 3 times.
- State v. Steelman
- 25 MPH Zone
- Ran into the rear of a truck
- Truck was propelled 125 feet by the collision
- State v. Dupree – a Reckless Driving Case in Our Favor
- NOT RECKLESS DRIVING WHEN:
- Vehicle was left of the center line
- Collided with another vehicle
- No evidence of driving at a dangerous speed or in a perilous manner
Reckless Driving Attorney Guilford County, NC
Can I be Convicted of both kinds of Reckless Driving for the same situation?
The State v. Lewis case featured a driver who had been charged with both Carelessly & Heedlessly Reckless Driving & Endangering Others or Property. The court concluded that even if a driver’s behavior fits the elements of both, for a single incident the driver may only be convicted of one kind of reckless driving.
What are Examples of Reckless Driving Endangering Others or Property?
It’s important to note that a person can violate the Speeding Statute but not be guilty of Reckless Driving. Also, intent is not an element of the crime the only evidence the State will need to show is that the person drove in manger that endangers or is likely to endanger others or property.
- State v. Teel – Reckless Driving Found when:
- Drove a motorcycle 100 MPH in a 45 MPH
- Followed an Unmarked Police Car
- Attempted to Pass on a Double Yellow & on the Shoulder
- Crossed a Double Yellow 2 -3 times
- Hit the White line 2 – 3 times
GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
317 S. GREENE ST, GREENSBORO, NC 27401
Reckless Driving charges are nothing to play around with and our top rated reckless driving lawyers in Greensboro, NC are here to help you. Whether the you’ve been accused of driving reckless – carelessly and heedlessly or reckless driving endangering others, Contact Garrett, Walker, Aycoth & Olson, Attorneys at Law today!
This is why you should contact our – Guilford County & Randolph County – Greensboro, High Point & Asheboro Lawyers to help with your Reckless Driving Ticket today.
Call us at (336) 379-0539 to schedule a free, in-depth consultation with our experienced lawyers.
Greensboro Reckless Driving Google Reviews:
“As an immigrant in the USA, my worst fear is to deal with anything that involves court , police etc. A simple traffic pullover resulted in criminal charges on me and some considerable trauma. I was clueless what to do after i saw the warrant in my mail which i never expected. The best thing i did was to call Jason’s law firm. I was accused of some serious stuff which i did not do. As soon as i spoke to Jason for the first time, i felt relieved and assured.
Jason listened to me as i explained the incident, answered all my questions, explained me what the charges are. He made sure to bring down the accusations to a faulty equipment in my vehicle which is what it really was. I am very grateful to Jason for handling this case for me and helping me to get rid of the charges that were not true. I would highly recommend availing services of Jason for any of your legal trouble.” December 15, 2021