Reckless driving in North Carolina is a criminal charge that carries significant penalties. A conviction can result in a jail sentence, fines, and a permanent criminal record that will affect every aspect of your life. If you’ve been charged with reckless driving in Raleigh, it’s imperative that you hire attorneys to assist you in fighting for your freedom.
A criminal defense attorney can help you understand your rights and will represent you in court to argue on your behalf. Learn more about reckless driving in Raleigh and why representation can make such a difference.
What Is Reckless Driving in Raleigh?
In North Carolina, reckless driving is broadly defined as operating a vehicle in willful or wanton disregard for the safety of others. This definition encompasses a number of behaviors. Reckless driving can involve:
- Running red lights or stop signs
- Excessive speeding
- Aggressive driving
- Tailgating
- Careless lane changes
- Failing to yield the right-of-way
- Illegal passing
- Street racing
In certain other states, reckless driving is a moving violation. In North Carolina, however, it’s a criminal offense. One of the challenging aspects of being charged with driving recklessly is that it can be up to a police officer’s discretion to consider your conduct reckless.
In North Carolina, some traffic violations are viewed as waivable offenses, but reckless driving isn’t one of them. This means that a court appearance is almost always required, even if you have to fly in from out of state.
Consequences of a Reckless Driving Conviction
A reckless driving conviction can have several consequences, including the following:
- Jail Sentence: It’s a Class 2 misdemeanor that carries a maximum sentence of 30 days in jail if you have a prior criminal record
- Fines: You can be made to pay up to $1,000
- Four Points on Your Driving Record: This will impact your insurance premiums
- License Suspension: You could face a license suspension of up to one year, depending on your driving record
Perhaps the most serious consequence of being convicted of these traffic offenses is that you will have a criminal record. A criminal record can impact your job opportunities since employers will run background checks. Some jobs might not be available at all if there’s a conviction on your record.
You could also struggle to find housing because a landlord refuses to accept applications from people with records. If you were planning on returning to school, you may struggle to obtain a loan that could help you do so. Some colleges and universities could hesitate to accept you to advanced programs because of the conviction, too.
Crucially, there is also a social stigma connected with criminal convictions. You could face discrimination and might have a lot of trouble maintaining relationships.
Factors That Increase the Severity of Reckless Driving Charges
If there are aggravating factors, or if you are viewed as a repeat offender, the consequences of reckless driving in North Carolina can be especially severe. Aggravating factors that the court will consider include:
- Causing an accident or forcing others to take evasive actions due to your reckless driving
- Being 15 mph or more above the posted speed limit
- Using your phone while engaged in reckless driving
- Driving recklessly in weather conditions that made the action more dangerous
- Driving recklessly while under the influence of drugs or alcohol
The court will look very closely at whether you were driving above the speed limit. If you were driving at speeds higher than 80 mph or you have more than one conviction for any behaviors that are considered reckless driving, your penalties can be much more severe.
Appearing in Court for Reckless Driving
According to North Carolina law, you must appear at your scheduled court hearing whether you live in the state or not, with only a few exceptions when an attorney is involved. You must have a criminal defense attorney helping you navigate both this hearing and the entire case.
If you don’t have an attorney, you can ask the court to appoint one during the hearing, if you meet the financial requirements. A privately retained attorney from Hiltzheimer Law Office will get to know you, and your priorities, and will work hard to achieve the best possible result under the circumstances of your case.
If you’re charged with reckless driving, your lawyer can prepare defenses that may help you avoid the worst consequences. Because a reckless driving ticket can depend on what a police officer saw and interpreted, one option you have is to show that you were engaged in careless driving out of necessity. If there was an emergency, that could excuse your behavior.
Your criminal defense attorney can also defend charges of operating a vehicle carelessly by questioning whether your constitutional rights were respected during the traffic stop, or whether the stopping officer’s stated basis for the stop is credible.
In some instances, speed might be a concern or even the main reason why you’ve been charged with driving carelessly or recklessly. When it is, your North Carolina lawyers can challenge whether the equipment that law enforcement used to calculate your speed was calibrated correctly or whether certain foundational requirements are met at the trial.
Seeking Legal Help for Reckless Driving Charges
If you’ve been charged with reckless driving, you could be facing a driver’s license suspension, fines, and even a jail sentence depending on your prior record. You could also end up with points on your license that negatively impact your insurance rates.
North Carolina traffic laws are very harsh when it comes to reckless driving, so you should never attempt to go through the legal system on your own. By relying on experienced criminal defense attorneys, you have a chance to beat the charges or achieve a less serious penalty.
At Hiltzheimer Law Office, we understand how difficult and frightening it can be to face a criminal conviction. You may not be certain of what your options are or whether there’s a way to avoid the worst penalties.
That’s where our team of North Carolina lawyers can step in. We are able to provide the guidance you need throughout the entire legal process. With more than 20 years of experience, we offer reliable and compassionate assistance. Don’t go through your hearing alone when help is available. Contact us at Hiltzheimer Law Office to schedule a free initial consultation.
