If you are facing a reckless driving charge but you do not think you are the responsible party, you need a good attorney to help you win your case. The following are some legal defense strategies that may apply to you if you are charged with reckless driving:
You Were Not Driving
One important part of a legal defense for reckless driving is determining who was actually driving the vehicle. If it cannot be proven that you were the actual driver of the car, you cannot be held liable for the resulting accident.
This defense can be done in several ways. If you loaned your vehicle to another person and they hit someone while driving it, you cannot be charged with reckless driving. If you were the passenger in the car at the time of the accident, you are also not going to be liable for the accident. You may have also been falsely accused of being the driver of the vehicle by someone else. If you can show proof that you fall into any of these scenarios, you can have a better chance of winning your case.
The Driving Is Not Considered Reckless
In most states, you have to be driving in a certain way for it to be considered reckless. The driving has to be considered a full disregard for the safety of others or the property. This means you were aware that you were driving in a way that could create a substantial amount of harm to people or property without any regard for the consequences. If you were driving poorly and had an accident, your attorney can argue that the accident was not intentional or without regard to safety. This could lead to you receiving a lesser charge.
You Were Distracted
If you were distracted while driving and had an accident, you could use this as a defense. Distracted driving is not considered reckless driving in most states because you had no intention of hurting someone or causing damage to property. You only got into the accident because you were not paying full attention. Although you could still face traffic infractions, you can escape a reckless driving charge.
You Could Not Escape the Need to Drive Recklessly
If you were in a certain situation that caused you to drive in a reckless manner, you could argue that the reason you were driving in that way was due to necessity. If you can show you have a sufficient reason to be driving in this manner, you may escape a charge. An instance in which you may find the need to drive recklessly might be if someone was aggressively chasing you and you were trying to evade with no other alternative. You may also drive recklessly when you have a medical emergency or another emergency.
Contact a local law firm, such as The Zedd Traffic & Criminal Defense Team, to learn more.