Don’t say anything that could incriminate you further or lead to a conviction unless your attorney advises you to do so. Reckless driving charges usually do not require you to speak in court. So, an attorney should handle the case. It is because lawyers can reduce the charges.
You can face high penalties for reckless driving in NORTH CAROLINA. It is not the same as getting a ticket. An arrest in NORTH CAROLINA could lead to long-term consequences.
What To Say In Court?
Do not make a mistake, otherwise, you will find that it will weaken your defenses. The charges against you will also be harder to dismiss or reduce. If you are going to appeal to a higher court. You want to avoid these mistakes when facing these charges to improve your chances of achieving a favorable outcome.
Be prepared for:
“What to say in court” BEING CHARGED!
If you commit a crime, you could face severe penalties. It is important to understand that driving recklessly is not a traffic infraction, but a misdemeanor.
2. JAIL TIME
It’s likely that you will spend a day or more in jail. The penalty for exceeding 90 mph is one day in jail. Depending on the speed you were driving, the number of days increases.
3. SERIOUS CHARGE
Prosecutors and judges take these cases very seriously. Prosecutors rarely break down charges unless there is a good reason to do so. The common misconception is that it is just a traffic infraction and no big deal ”. However, it is a crime, and the courts take it very seriously. It may affect careers, driving privileges, and security clearances.
What to say in court for reckless driving:
The majority of reckless drivers are not arrested for their actions. A Reckless Driving charge usually results in a summons promising your appearance in court. You’ll have to return to court after that.
Click to learn more about reckless driving on your records stays for how long?
WITNESS :
The Commonwealth typically presents eyewitness evidence from the police officer who issued the summons and other drivers. It is almost certain that people involved in the accident that resulted in your charge of Reckless Driving will testify against you. The Commonwealth may also use a dash cam or highway camera if it has video surveillance. Depending on how fast the police officer pacing your vehicle determined your speed, your speedometer calibration may be admissible as evidence. Due to Virginia’s rules of evidence, all calibrations of speed determination devices are admissible.
The prosecution will use any other evidence you can come up with to prove your guilt. That includes any statements you made to the police about why you were speeding or driving in that manner. It also includes your demeanor and cooperation or lack of cooperation with the police. The prosecution can use those documents as evidence if needed.
Offenses And Penalties In North Carolina:
In our state, reckless driving is a misdemeanor. Charges may apply for performing the following:
- Carelessly or heedlessly disregarding other individuals’ safety while driving on a highway or public vehicular area.
- Driving without due caution and circumspection on a highway or public vehicular area at a speed that may endanger others or their property.
- In either of the above cases, driving a commercial vehicle with a load that is subject to permit restrictions is prohibited.
Penalties:
- A 60-day jail sentence could be imposed.
- Fine of 1000$
- License suspension for 60 days or above.
How to reinstate a suspended license: Click to learn more
Mistakes you should not perform:
GUILT:
If an officer pulls you, do not admit any guilt. Any guilt of admitting to reckless driving or overspending. The court can use these statements against you. Which might result in high penalties or life-term circumstances.
ARGUE
Even if you are innocent, do not argue with the officer. Being harsh or arguing with an officer may result in serious actions or harsh penalties. You need to be polite and give your statements as required.
SERIOUS CHARGE:
Most people treat reckless driving so lightly. However, you should not perform such actions. It is a government law that charges you, and you should take it seriously. It is very likely that you will face serious consequences, such as incarceration.
OVERSPEEDING:
The common belief is that only reckless actions can result in charges. Overspeeding is also a reckless driving offense. Even driving over 15mph (ca. 24 km/h), the posted limit, can result in a charge.
Pleading guilty:
Even if you were driving recklessly, you should not plead guilty to that. This would be a big mistake. Even if you are guilty, you can use the following statements in your defense.
- You were not driving the vehicle.
- The radar gun is not used properly by the officer.
- The speedometer was faulty.
- Claiming that you were driving slower than the police claims, as proved by GPS information.
- RETAINING AN ATTORNEY:
In the event of a criminal charge, you should seek legal representation immediately, such as an attorney. It is because you cannot find accurate statements in court. However, An attorney will have many more to speak in your defense.
CONCLUSION
If you’re caught driving recklessly, don’t say anything that could be used as proof in court. Never argue with a police officer, and neither give any statements that a police officer may use for your opposition. Never take reckless driving lightly as it can make you suffer severe penalties. You should hire an attorney as soon as possible if you are pulled over. Do not plead guilty to reckless driving in court. You can use the statements listed above as evidence in your defense.
FAQs| What to say in Court? Reckless driving.
The crime of reckless driving is usually classified as a misdemeanor criminal offense. In most states, if you are convicted of reckless driving, you will be ordered to pay a fine of $50 to $1,000, and you may also be sentenced to 90 days to a year in jail. Likewise, states that have a points system for traffic violations typically assess points for a reckless driving conviction in the event that it occurs.
As long as you do not possess a commercial driver’s license, the judge is given the authority to be lenient in cases of reckless driving, recommending to you that you attend a driver improvement clinic or perform community service instead of the normal penalties for the offense.
There is also a possibility that your insurance provider may reject your claim if you cause a collision while driving recklessly. An arrest for any of the above offenses will result in a criminal trial, in which the judge may impose a fine and/or a prison sentence if convicted. It will result in a permanent criminal record either way.
There is a range of $300-$1,000 in average fines, although the maximum is $2500
Careless driving is less serious than reckless driving. This involves not only a fine but also a suspension of your license for six months. There are no points associated with it, however. It is also possible to be sentenced to jail time if anyone is injured or killed.