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Gaithersburg Reckless Driving Attorneys

Lawyers Defending Against Criminal Charges Involving Reckless Driving in Gaithersburg, Maryland

There are many reasons why people may be pulled over by police officers while driving. In many cases, these traffic stops will involve minor traffic violations. However, some cases may involve more serious offenses, including charges related to reckless driving. When a person is arrested for reckless driving, the situation can be serious, since they could be convicted of a criminal offense. The penalties they may face could include large fines, possible time in jail, and a criminal record that will be visible to others for years to come.

At Diamant Gerstein, LLC, our attorneys provide dedicated representation for people who are facing criminal charges. We can review what happened before a person was arrested, the actions they took while driving that were allegedly reckless, and the evidence that may play a role in a case. We will work to ensure that clients will be able to resolve these matters successfully while avoiding criminal convictions, protecting their records, and minimizing the penalties that could affect their lives.

Understanding Reckless Driving Charges

To be charged with reckless driving, a person must have committed an offense that goes beyond carelessness or minor violations of traffic laws. Reckless driving charges will be based on accusations that when a person was driving a vehicle, they acted in a way that showed that they had purposefully disregarded the safety of other people. Multiple forms of dangerous driving may fall under this category, but charges will typically be based on claims that a person knew that their actions were dangerous, but they continued to drive unsafely anyway.

When Speeding Can Lead to Reckless Driving Charges

Many speeding violations do not qualify as reckless driving, and instead, drivers may receive speeding tickets. However, when a person is accused of driving at a speed that was known to be unsafe in a situation where others were at risk of harm, they could be charged with reckless driving. Even if the danger to others cannot be proven, a person may be charged with reckless driving if they travel more than 30 miles per hour above the speed limit.

Street Racing and Similar Conduct

When racing another vehicle on a public road, a person will usually drive at an excessive speed, and they may put the safety of other drivers, pedestrians, or anyone near the road in danger. Because of these risks, people who are accused of street racing may face reckless driving charges. In addition to racing, dangerous stunts on public roads can also lead to reckless driving charges.

Other Violations That May Lead to Reckless Driving Charges

  • Passing a Stopped School Bus: When drivers are accused of violating traffic laws by ignoring a school bus's flashing lights and passing it while children are boarding or exiting, they may face reckless driving charges due to risks of injury to children. Other forms of unsafe driving in school zones may also be classified as reckless driving.
  • Aggressive Lane Changes: Drivers may be accused of weaving between lanes without signaling, which can put the safety of other drivers at risk. Reckless driving charges may also involve illegal passing, including entering oncoming lanes of traffic in situations where a person may be unable to see approaching vehicles, such as on hills or curves.
  • Ignoring Traffic Control Devices: While a person who runs a red light or rolls through a stop sign may face a traffic violation in some situations, they could be charged with reckless driving if their actions put others in danger. These cases may involve accusations that a person ran a red light while traveling at a high speed or ignored a stop sign while other vehicles or pedestrians were in the intersection.
  • Driving With an Obstructed View: When a driver cannot fully see the road, they may be accused of being reckless. These charges may involve claims that a person operated a vehicle with windows that were covered by ice or snow or that their vehicle had people or objects that were obstructing the windows and preventing them from viewing the road around them.

Increased Penalties in Cases Involving Accidents

When reckless driving has allegedly led to a car accident, a person may face more serious charges and harsher penalties. If a collision caused someone else to suffer a serious physical injury, a person could be charged with criminal negligence. While a reckless driving conviction could lead to a sentence of 60 days in jail and a maximum fine of $1,000, the penalties for a criminal negligence conviction may include up to three years in jail and a maximum fine of $5,000.

Defense Against Reckless Driving Charges

A conviction for reckless driving will require proof that a person engaged in behavior that showed a disregard for the safety of others. Our lawyers may be able to challenge the claims made against our clients and demonstrate that their actions were not reckless. We will carefully review the circumstances of a case, including speed measurements, road and weather conditions, traffic patterns, video footage, or statements made by witnesses. We may provide explanations for a person's behavior and take steps to show that they should not be convicted of reckless driving.

In some cases, our attorneys may take steps to negotiate a reduction in charges from reckless driving to a less serious offense, such as negligent driving. If a person can be shown to have acted carelessly but not recklessly, they may be convicted of a violation that will not result in a criminal record and will only involve fines of up to $750 rather than the possibility of jail time.

Contact Our Gaithersburg, MD Reckless Driving Lawyers

Because of the possibility of serious penalties that may apply after a conviction for reckless driving, a strong defense can be crucial in these cases. At Diamant Gerstein, LLC, we will review the facts involved in a case, gather evidence demonstrating exactly what happened, and argue that a person did not engage in behavior that could be considered to be reckless. Whether we take steps to have charges dismissed or reduced to a lesser offense, we will work to resolve cases successfully and help clients avoid long-term penalties. Contact our Gaithersburg, Maryland reckless driving defense attorneys at 301-560-2685 to arrange a consultation today.

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