DUI vs Reckless Driving

DUI is a serious criminal charge and if you are convicted of this crime, you’ll face severe penalties. Though it depends on the circumstances surrounding your case, it may be possible for you to have your DUI charge reduced to the less serious crime of reckless driving. Here is what you can expect if you plead guilty to reckless driving.

Reckless driving, though considered less serious than DUI, is still a crime you don’t want to be charged with. Many states have classified reckless driving has having a disregard for the safety of others and/or the property. An example of reckless driving may be that you were speeding 40 mph over the posted speed limit while swerving in and out traffic during rush hour.

Typically, speeding alone won’t get you a charge for reckless driving. However, the court may find that many poor driving factors add up to a reckless driving conviction. For more specific information on what constitutes as reckless driving in your state, you should speak with your attorney and/or get a copy of your driving record from the DMV.. There have been cases where the defense has argued that constitutional laws are vague at best when reckless driving is concerned. If the laws on reckless driving are not clearly defined in your state, your attorney can argue that they are unconstitutional.

If you were charged with reckless driving because you believed that there was an emergency, this could be a defense. The emergency cannot have been created by you, however. For instance, if you robbed a bank and were fleeing the scene because it was an ‘emergency,’ this is not a defense. However, if someone in your family had a medical emergency that you were traveling to, that would be a defense for reckless driving.

In some states, if you plead guilty or are convicted of reckless driving, you’ll be charged with a misdemeanor. Some of the penalties you could face include an expensive fine, suspension of your driver’s license, revocation of your parole (if you are currently on parole), deportation and even jail time.

Make sure that if you were charged with reckless driving that you have an attorney to represent you!