“Automatic” Reckless Driving
I get lots of calls on traffic tickets. Many times when someone gets charged with a relatively high speed, they assume that they are also charged with reckless driving. This is not a thing.
If you’re actually charged with reckless driving (there are two statutes that we refer to in short hand as “careless and reckless”, or “C&R”) then that is something that must be dealt with. BUT, just because you have a high speed ticket, it doesn’t mean that you automatically are charged with C&R.
In fact, the officer should not charge you with C&R based solely on your speed. It’s not C&R to drive too fast, it’s just speeding. It IS C&R if your speed combined with other factors (such as weather, road conditions, heavy traffic, etc.) create the circumstances required by the C&R statutes.
So remember, just because you’re going fast doesn’t mean you’re being statutorily reckless. And just because you’re charged with reckless driving doesn’t mean you’re guilty of reckless driving.
Talk to an attorney and get some help. Call me. 919-929-2992
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