Countless people in North Carolina are pulled over for traffic offenses daily. Most of these offenses are relatively minor, like exceeding the posted speed limit or switching lanes without signaling. They may result in a citation and points on a driver’s record, but at the end of the day, these drivers still retain their right to drive.
However, some traffic violations are more serious than others. When you are accused of driving with wanton disregard for the safety of another person, it’s considered reckless driving. While low-level speeding or similarly minor traffic offenses are considered infractions, reckless driving is a criminal offense.
This means that you can’t view reckless driving the same way you would view other traffic offenses. A North Carolina reckless driving conviction can result in a criminal record, along with penalties that could include jail time. This mistake won’t just cost you your license — it could cost you your freedom.
If you’re arrested for reckless driving, you need an experienced North Carolina criminal defense attorney to protect your rights. Working with a skilled lawyer is the best way to avoid the worst consequences of reckless driving charges.
Potential Consequences of a First-Time Reckless Driving Conviction Count
A North Carolina reckless driving conviction comes with several penalties. Because reckless driving is a Class 2 misdemeanor, these penalties will be significantly more severe than if you were charged with an infraction. The following are some of the most likely consequences of a reckless driving conviction:
Points on Your License
You’ll receive four points on your license if you’re convicted of reckless driving in NC. First offenses don’t change this — it’s a set penalty defined by state law. The only exception would be what’s known as a PJC, or prayer for judgment continued, which a judge can grant within his or her discretion.
While the insurance points are the least serious penalty, it can potentially result in license suspension depending on your record. If those four points result in the total number of points on your license being 12 or higher, you’ll lose your license.
License Suspension
Accumulating points on your license isn’t the only way to get your license suspended. The North Carolina Division of Motor Vehicles (NCDMV) has the authority to suspend your license for up to 12 months after a reckless driving conviction. If you’re under 21 when you’re arrested, that suspension may be automatic.
Not being able to drive for up to 12 months is only a portion of this penalty. If your license is suspended after a conviction, you’ll also have to pay reinstatement fees to get it back at the end of the term. While technically not a fine, the costs are considerable.
Fines
On the subject of fines, a Class 2 misdemeanor conviction can result in a judge ordering you to pay a fine of up to $1,000. However, there’s no minimum fine according to the law. In theory, therefore, a judge could order you to pay nothing beyond court costs, depending on the circumstances of your case and your attorney’s advocacy on your behalf.
Jail Time
Finally, a Class 2 misdemeanor can lead to jail time after a reckless driving NC first offense.
Whether the court assigns jail time will likely depend on whether you are alleged to have endangered anyone’s life and how effective your attorney is at convincing the court that you won’t repeat your behavior. Hiring the right attorney can also make a big difference in whether you receive a jail sentence.
Defenses Against Reckless Driving Charges
It’s ill-advised to attempt to defend yourself against reckless driving charges in North Carolina without the help of a qualified attorney. The court will likely impose harsh penalties if you aren’t properly represented by a lawyer.
Your criminal defense attorney’s main focus will be to help you avoid the most serious repercussions of reckless driving charges, which means ensuring that you don’t get sent to jail or lose your license. They may not be able to shield you from other, more minor penalties, such as fines.
The usual way to avoid these consequences is to negotiate a plea bargain with the prosecution. Prosecutors are typically more willing to accept a plea agreement for a first-time offense. Depending on the circumstances, your attorney may be able to get your reckless driving charge dismissed in exchange for a plea to another charge.
If a plea deal isn’t possible for some reason, your lawyer will attempt to get the case dismissed on procedural grounds. For example, if the police didn’t read you your rights during the arrest or you were denied the right to speak to an attorney before being questioned, the court might throw out your case.
When all else fails, your counsel will defend against the facts of the case. Driving recklessly in North Carolina requires willful or wanton disregard for the safety of others. If your lawyer can prove that you weren’t acting willfully or that your behavior wasn’t “wanton,” a judge or jury might find you not guilty of reckless driving.
The Court Process for a First-Time Reckless Driving Case
If you’re charged with reckless driving in North Carolina, you’ll experience the legal process firsthand. This process starts when the police accuse you of driving dangerously. When this happens, you’ll likely be pulled over and charged with reckless driving, along with other potential charges such as speeding or a lane violation.
In most reckless driving cases, you’ll be cited and released without arrest. If you are arrested, the magistrate will typically determine whether to require you to post a bond or to release you on a written promise to appear with an unsecured bond.
Next, your initial court appearance will be scheduled. Each county handles first appearances in misdemeanors differently. If you are represented by counsel prior to your first appearance, you should rely on your attorney to advise you as to whether you will need to be present for that first appearance. If you are not represented, you will need to appear, and your charges will be formally read to you, and a subsequent court date will be set. Your attorney can be present during all hearings.
Before you reach the point of a potential trial, there will be an opportunity for pre-trial negotiations. This is usually when the legal counsel for both sides discusses a potential plea bargain.
If your attorney succeeds in striking a deal, your case won’t have to go to trial. Instead, you’ll inform the court of your agreement, enter a plea according to the agreement, and accept the consequences you agreed to.
A trial will only take place if no agreement can be made. During the trial, attorneys for both sides will argue the facts of the case before a judge in district court, or jury if the case is appealed to the superior court. At the trial’s conclusion, the judge or jury will decide whether you’re found guilty of the alleged offense. If convicted, you will typically be sentenced in the same session of court.
How an Attorney Can Help With Reckless Driving Charges
You should never face reckless driving NC first offense charges without being represented by a reputable criminal defense lawyer. Strategic counsel from a well-regarded North Carolina law firm may keep you from facing the worst consequences the law allows.
Your lawyer will possess knowledge and resources you yourself don’t have. For example, they’ll investigate the behavior of the officers and prosecutors involved in your case. This could result in certain evidence being ruled inadmissible or even your case being dismissed entirely.
Additionally, your attorney can independently investigate the actions that led to your reckless driving charges. If the evidence shows that you had no way of knowing the speed limit or that your actions didn’t endanger the lives of others, your lawyer may be able to convince prosecutors to downgrade or drop the charges against you.
The prosecution will be more likely to accept a plea bargain if an attorney is representing you. It’s far easier to negotiate a deal with someone who understands the law than to take them on in court.
Next Steps After Being Charged With Reckless Driving for the First Time
If you’re facing reckless driving charges in North Carolina, the most important step you can take to protect your rights and avoid the most serious penalties is to contact an experienced criminal defense law firm right away. In the best-case scenario, doing so could prevent a conviction, potentially resulting in nothing more than a ticket.
Don’t wait to act after being charged with reckless driving in North Carolina. Contact the dedicated attorneys at Hiltzheimer Law Office right away to schedule a free consultation.
