The misdemeanor charge of reckless driving is a very common one in Clark County. Running a red light, street racing, hitting objects while driving, failing to stop when pursued by police, or even excessive speeding can result in a reckless driving charge instead of a simple citation. A Las Vegas lawyer can use his local experience to call this accusation into question and allow you to avoid the eight-demerit penalty and fines, as well as possible jail time, that are part of a conviction.
Definition of Reckless Driving and Defense Strategies
In Nevada, reckless driving is only prosecuted as a felony if a serious injury or fatality has occurred. Otherwise, it is a misdemeanor charge. A prosecutor will do his best to prove that your driving at the time of arrest disregarded traffic laws and put the safety of others in danger.
The burden of proof is on the prosecution to show that you were driving recklessly. With a history of successfully defending reckless driving cases, a good defense attorney can cast enough doubt on your case to convince the judge to dismiss it.
Penalties
Because reckless driving is a greater offense than a simple traffic rule violation, it carries a penalty of eight demerits on your driving record. If you already have some demerits from past tickets, eight could be enough to get your license suspended. Even if you start with a clean record, eight demerits put you in danger of suspension in the event of any later traffic citations.
In addition to the demerits, conviction under reckless driving charges in Las Vegas mandates a fine of at least $250 for a first offense, $1,000 for a second offense, and $1,500 for a third offense. If your arrest was made in a work zone, the fines could be doubled. A six month jail sentence is also possible.
Alternative to DUI
Often, a Las Vegas lawyer can get misdemeanor DUI charges reduced to reckless driving instead. The benefits of this reduction are avoiding the heavier DUI penalties and a DUI on your criminal record for years to come. Any DUI charge in your future would only count as a first offense if your initial DUI was reduced to reckless driving. Having the charges changed to reckless driving usually depends on your agreement to receive treatment for substance abuse and on your attorney’s ability to work with the judge and prosecutor.
