Long Island Reckless Driving Defense Attorney

Did someone accuse you of operating your motor vehicle in such a way that endangered others on the road or did a police officer give you a reckless driving ticket? You can represent yourself in a court of law and face a higher penalty or the possibility of losing your license, or you can trust proven Long Island reckless driving defense attorneys to help you get a reduced sentence or fine.

Maybe something caused you to be late for work, you thought you could speed up just enough to get across the crosswalk before the light turned red, and you got into a car accident. It’s not illegal to continue through a signal on a yellow, and the other driver (who may have turned illegally on a red light) needs to prove that you sped and that your speeding was an indication of reckless driving.

If a police officer determined you were driving in such a way that endangered other motorists, you can be charged with reckless driving. Sometimes, you can even be charged if you were in an accident and witnesses gave testimony of your poor operating. In general, if you were putting the safety of other individuals at risk, you could be facing reckless driving charges.

A good traffic attorney can cross-examine the officer who stopped you and the people who were nearby and use additional evidence and legal tools in your defense. If you’re accused of reckless operating on Long Island or anywhere in New York City, put your case in the hands of an experienced Long Island traffic attorney, and make the call immediately. Seek representation from one of the lawyers at Mirsky Law Firm, who have years of experience defending clients in reckless driving cases.

What Should you Know About Reckless Driving?

Under New York law, reckless driving is defined as operating a vehicle in “a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.” Any of the behaviors listed here could constitute reckless operating:

• improper or dangerous passing
• racing or excessive speed
• tailgating
• weaving in traffic

Whether an officer was present or not, it can lead to a loss of independence. The judge can suspend your license, or take away your vehicle; and then you will need to rely on friends, family, or public transportation to get around. It won’t be as easy for you to get to work or school, and that will only delay your education or hinder you from earning income.

Reckless Driving Penalties

Most offenses for which a police officer will initiate a traffic stop are relatively minor – like speeding a few miles over the limit, rolling through a stop sign, or operating with a tail light out. In most cases, these minor offenses will be dealt with by issuing a traffic ticket to the offender, and letting the offender go on his or her way. These types of crimes, for which a ticket may be issued and a person immediately released to go about his or her business, are known as infractions. These infractions do not normally carry the risk of jail time, however reckless driving laws are a bit different.

Reckless driving isn’t a traffic ticket. In New York, it’s a serious criminal offense, and a conviction for reckless driving creates a criminal record. A conviction for reckless operating leads to a number of consequences including the addition of five points on your driver’s license, and each additional point puts you one step closer to harsh penalties. For many drivers, that will mean a license suspension and substantially higher insurance premiums.

If you accumulate eleven points on your New York driver’s license in an 18-month period, your license can be temporarily suspended. Depending on precisely how recklessly you were operating , you could go to jail for up to 30 days for a first offense, 90 days for a second offense, and 180 days for a third reckless driving offense. Aggravated reckless driving is an even more serious charge and a Class E Felony. Along with five points and possible jail time, a reckless driving conviction is also punishable by fines of up to $300.

Why You Need An Attorney

The problem with the language of the law is that it is very general and allows for liberal interpretations by police officers, prosecutors, and the courts. This is why it is so important for anyone who is suspected of reckless driving in the state of New York to partner with a New York reckless driving defense attorney to respond to charges. An experienced defense attorney can help the suspect respond to charges and present evidence and testimony in support of a defense as appropriate.

Even if a Suffolk County or Nassau County reckless driving defense attorney can’t help a suspect defeat a prosecution’s case, the attorney can still protect your rights, handle the legal aspects of your case, and advocate for relatively favorable consequences. In a reckless operating case, the prosecution must prove – beyond a reasonable doubt – that an accused suspect was purposely endangering the property or lives of others. Depending on your driving record and the particular circumstances of your case, a good traffic defense lawyer may be able to negotiate a reduced charge with a milder sentence. If your attorney can show that you simply committed an act of poor judgment with no malice or ill intent, it’s likely you’ll be offered an acceptable plea bargain, and it’s even possible the charge might be dismissed.

In some cases, the attorney may even be able to help the person who is convicted of a reckless driving charge petition the court for a conditional license, which would allow the person limited driving privileges if traveling to and from court approved destinations. These conditional licenses are intended to help reduce the burden caused by a license suspension but will not be issued unless specifically requested. Once issued, it is very important for the holder to obey the terms of the conditional license, as failing to do so could result in the loss of conditional driving privileges, additional time added to an original suspension, and additional charges for failing to obey court orders.

The Long Island reckless driving defense attorneys at the Mirsky Law Firm won’t assume anything other than your innocence. We know you don’t want to lose your independence, you don’t need more financial stress, and you don’t want to have to rely on any other mode of transportation other than your own car. Our Long Island criminal defense attorneys understand the emotion you are going through, and we want to help by providing the best criminal defense in New York state. Please call today or fill out the online form on this site to speak with one of the experienced traffic violations lawyers at Mirsky Law Firm.