Silver Spring, Maryland Reckless Driving Lawyers

Attorneys Helping Clients Who Have Been Arrested for Reckless Driving in Silver Spring

When you are charged with a traffic offense, it could be a minor violation, or it could be a criminal charge such as reckless driving. While violations such as speeding or running a red light can usually be resolved by paying a fine, reckless driving is a much more serious offense. If you are convicted, you could be looking at much higher fines and the possibility of a jail sentence.

When a traffic stop or another situation leads to an arrest and a reckless driving charge, taking the right steps to defend against a conviction can be crucial. At Diamant Gerstein, LLC, our attorneys can provide you with legal representation during your case, helping you defend against criminal charges and avoid serious penalties.

What Maryland Law Defines as Reckless Driving

In general, reckless driving charges are based on claims that a person has acted unsafely while behind the wheel and operated a vehicle in a way that showed that they did not care whether they were putting other people at risk of harm. Reckless driving goes beyond simple traffic violations, and it will often involve actions that were likely to lead to car accidents or other situations where people could be seriously injured or killed. A person may be convicted of reckless driving if a prosecutor can demonstrate that they knew that their behavior was dangerous and chose to act in a way that put others at risk.

Common Situations That May Lead to Reckless Driving Charges

Arrests for reckless driving can occur in a wide variety of circumstances, including:

• Following a Traffic Stop: A police officer may observe conduct such as excessive speeding, tailgating, cutting off other drivers, or passing other vehicles in a dangerous manner. After pulling the driver over, the officer may arrest them for reckless driving.
• Extreme Speeding: Maryland law states that a person who was traveling 30 miles per hour or more above the speed limit can be charged with reckless driving, even if they did not engage in any other types of unsafe driving.
• Following an Accident: After a collision, police officers who come to the scene may conclude that a driver engaged in dangerous conduct that caused others to suffer injuries or caused damage to vehicles or other property. If they determine that a person caused an accident by disregarding traffic laws and acting unsafely, they may arrest the driver for reckless driving.
• As a Separate Charge in a DUI Case: When a person is arrested for driving under the influence of alcohol or drugs, they may also be charged with reckless driving based on accusations that they engaged in dangerous behavior before being stopped by police.

Criminal Penalties for Reckless Driving

When a person is convicted of reckless driving, they could be sentenced to up to 60 days of jail time, and they may be fined up to $1,000. In addition to criminal penalties, a conviction will result in six points being added to a person's driving record. Depending on the total number of points on their record, they may be required to take a driver improvement course, or their license could be suspended.

A criminal conviction will become part of a person's permanent record. This could affect their auto insurance rates, employment opportunities in certain types of jobs, future traffic violations or criminal charges, and other aspects of their life. Defending against a conviction for reckless driving with the assistance of our lawyers can help a person avoid these long-term penalties and minimize the ways their life may be affected.

When a Reckless Driving Charge May Be Reduced to Negligent Driving

Maryland law includes another offense known as negligent driving that is similar to reckless driving. While reckless driving involves a willful disregard for safety, negligent driving may involve careless actions that could potentially put others at risk. A conviction for negligent driving will not require a person to serve any jail time, and the maximum fine they may be required to pay is $750.

The distinction between reckless driving and negligent driving may come down to a person's alleged state of mind when an offense allegedly occurred. A driver who did not react correctly to an unexpected hazard may have been careless, but they may not have purposely ignored safety and acted recklessly. Our attorneys can review the evidence involved in a case and argue that a person did not behave recklessly. We may be able to have charges reduced to negligent driving to help limit the consequences a client may face.

Other Defense Strategies in Reckless Driving Cases

Whether we are looking to reduce charges from reckless driving to negligent driving or arguing to have charges completely dismissed, our lawyers may use strategies such as:

• Challenging the Claims Made by a Police Officer: Reckless driving charges will often be based on an officer's descriptions of a person's conduct and their assessment of whether the person was acting recklessly. We can highlight inconsistencies in an officer's statements or demonstrate that their opinions do not line up with the facts of a case.
• Disputing Speed Measurements: If a person has been accused of exceeding the speed limit by more than 30 miles per hour, we may be able to challenge the accuracy of a radar device or another instrument used to measure speed. If we can raise doubts about the speed of a vehicle, we may be able to have charges dismissed or reduced to a speeding violation.
• Presenting an Alternative Explanation: We may be able to provide evidence showing that our client was responding to a road hazard, reacting to another driver's conduct, or experiencing a mechanical issue and that they were not engaging in reckless behavior.

Speak With Our Silver Spring, MD Reckless Driving Attorneys

At Diamant Gerstein, LLC, our attorneys can look at the events surrounding a traffic stop or accident and help a client respond to accusations of reckless driving. We will work to have criminal charges reduced or dismissed while minimizing the potential impact of a case on a person's life. Reach out to our Silver Spring reckless driving defense lawyers at 301-560-2685 to schedule a consultation.