Germantown, MD Reckless Driving Defense Attorneys

Lawyers Defending Against Criminal Charges for Reckless Driving in Germantown, Maryland

Reckless driving may seem like a minor offense, since people often see other drivers engaging in behavior that is dangerous. However, it is important to understand that reckless driving is not the same as other types of traffic violations. While minor violations like speeding can result in traffic tickets that carry small fines and cause points to be added to a person's driver's license, reckless driving is a criminal offense. A person who is convicted of reckless driving will face more serious penalties, including higher fines and even the possibility of a jail sentence.

Even if you have never been arrested or have never had trouble with the law before, an arrest for reckless driving can lead to serious penalties. Your driver's license may be affected, and you may have a criminal record that could affect your life in the future. At Diamant Gerstein, LLC, our lawyers can provide a strong defense in these cases. We may review the reports made by arresting officers, the equipment used to measure the speed of vehicles, and other factors to identify the best possible defenses in these cases. We will work to resolve reckless driving charges while avoiding criminal convictions and protecting our clients' futures.

What Counts as Reckless Driving in Maryland

Reckless driving involves operating a vehicle while showing a disregard for the safety of others. These charges may address situations that go beyond carelessness or traffic violations, and they will typically apply in cases where someone has acted dangerously and caused an accident or created a situation where someone was likely to be injured.

People may face reckless driving charges in a wide range of situations, such as when someone is accused of weaving through traffic in an aggressive manner, tailgating behind other vehicles in an attempt to cause intimidation, or purposely cutting other vehicles off. Charges may also apply in situations where someone drives at an excessive speed in a residential area or a location where pedestrians were present, passes another vehicle while traveling through a railroad crossing, or takes other actions that they knew or should have known were unsafe.

Speeding is a common factor in reckless driving cases. Drivers can face reckless driving charges if they are accused of violating the speed limit by at least 30 miles per hour. In these cases, police officers will not need to show that a person engaged in any other dangerous or erratic behavior, and a speed measurement alone may serve as the basis for a reckless driving charge.

Penalties for a Reckless Driving Conviction

A person who is convicted of reckless driving may be sentenced to up to 60 days in jail, required to pay a fine of up to $1,000, or both. In addition to criminal penalties, a conviction can lead to administrative consequences that will affect a person's driver's license. A reckless driving conviction will add six points to a driver's record. This is enough to require a person to participate in a Driver Improvement Program. However, if a person had points on their license from a previous violation, and a reckless driving conviction leads to a total of at least eight points, their driver's license will be suspended.

In some cases, a person may face a less serious offense called negligent driving. This offense involves driving in a careless manner that put others at risk. Unlike reckless driving, a conviction for negligent driving will not lead to jail time. The maximum penalty is a $750 fine. A conviction will result in two points being added to a person's license, or three points if they contributed to an accident. Depending on the circumstances of a case, it may be possible to have a reckless driving charge reduced to negligent driving, which may help a person avoid serious penalties.

Building a Defense Against Reckless Driving Charges

There are several approaches that our attorneys may take when helping to defend against a reckless driving conviction, including:

• Challenging Speed Measurement: The reliability of the radar or laser devices used by police officers to detect speeding may play an important role in a case. Officers are responsible for calibrating and maintaining these devices. It may be possible to show that equipment was not working properly or that an officer had not been properly trained to use a device. Our lawyers may also question whether an officer's line of sight and distance from a vehicle allowed for an accurate reading of its speed.
• Challenging the Observations of Officers: If a reckless driving charge was based on an officer's description of how a person was driving, our attorneys may challenge whether our client's conduct was truly reckless. We may take steps to show that our client acted carelessly or negligently, but they did not show a willful disregard for other people's safety and should not be convicted of reckless driving.
• Demonstrating Necessity: In some cases, our lawyers may be able to show that a person's actions were justified. We may argue that a person was reacting to another vehicle's dangerous behavior or that they were responding to an emergency.
• Reviewing Video Footage: Our attorneys may take steps to obtain body cam or dashcam footage from the officer who arrested a person for reckless driving. A review of this footage may show that there are inconsistencies between an officer's reports and what actually happened. We may use this footage to show that a person did not act recklessly and should not be convicted of reckless driving.

Contact Our Germantown Reckless Driving Defense Lawyers

The consequences of reckless driving charges go beyond the fines or other penalties that come with a simple traffic ticket. To defend against a conviction that could lead to jail time, a permanent criminal record, and a long-term license suspension, we encourage people who are facing reckless driving charges to reach out to the lawyers at Diamant Gerstein, LLC. We can examine the evidence in a case, challenge the evidence, and take steps to achieve a favorable outcome. Contact our Germantown, MD reckless driving attorneys at 301-560-2685 to set up a consultation.