Queens Reckless Driving Lawyers

Queens Reckless Driving LawyersHave you been given a ticket for reckless driving in Queens County? While you can represent yourself in these types of cases, having a qualified and seasoned reckless driving lawyer in your corner can make a big difference in how your case ultimately evolves. The team at David M. Mirsky Law Offices can negotiate any fines levied against you so you don’t have to pay as much, ensure your driver’s license isn’t revoked and provide expert testimony if your case evolves into something more serious.

What is Reckless Driving?

Reckless driving is a misdemeanor criminal charge that’s prosecuted within the New York criminal court system. A more formal definition:

New York Vehicle and Traffic Law § 1212
Driving or using any motor vehicle, motorcycle or any other 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.”

The types of offenses associated with reckless driving in Mineola, Long Island and Queens includes speeding, not yielding to traffic, ignoring school zone laws, running stop signs, running a red light, and other traffic rules. These aren’t deemed minor infractions, so that means it can affect far more than the cost of the traffic ticket. It can mean higher insurance premiums, fines and even a loss of your driver’s license.

Usually, drivers charged with this offense are facing allegations of running lights, speeding, improper lane changes, no insurance and other traffic charges. In many cases, it might be a combination of different traffic infractions. Reckless driving is an unclassified misdemeanor which means that unlike a minor traffic violation, it can lead to a permanent criminal record. Though it’s rare, it can land you in jail in more serious cases. An experienced reckless driving lawyer in Queens can ensure the repercussions are minimal while also protecting your rights.

The fees and fines associated with reckless driving alone can easily reach hundreds of dollars. Before long and after an increase in insurance premiums, additional court costs and the costs of the reckless driving tickets are factored into the equation, you could face losses in thousands of dollars. There are many reasons why fighting a reckless driving charge in court can work to your advantage. It’s best to work with Queens criminal defense attorneys with years of experience defending people in reckless driving cases. You may face a number of penalties if you are convicted, including a steep fine, jail time, and a suspended license. Let us fight to achieve the best possible outcome for your case.

Can Police Search My Car if I’m Pulled over for Reckless Driving in Queens?

Many clients are concerned that their rights were ignored by police during a traffic stop. If you are arrested for reckless driving, law enforcement can search not only your vehicle, but your body, handbag, trunk, any luggage you may have and anything else that could be holding weapons or drugs or any other illegal property. Whatever is found can be confiscated and used in court. This is known as “search incident to arrest”. As you can see, it’s imperative you have strong legal representation to protect your rights.

There are a few more reasons police would be within the law to search your vehicle during a traffic stop. Extending your permission to search your vehicle is the most obvious reason, but if the officer approaches your car and sees any kind of illegal activity or substances, such as drugs or open containers of alcohol, it’s considered plain view and is reason enough for the officer to delve deeper, even if you don’t grant consent.

If the police officer believes a crime has been committed, such as DUI/DWI or drug possession, he can use that probable cause to conduct a search of your vehicle. An example might be injuries he notices on you or any passengers or a bloody knife in the floorboard. He might also notice an odor, perhaps the smell of marijuana, that raises his suspicion and institutes a right to search your vehicle. Or, he may find an open bottle of alcohol that indicates you are driving drunk. Finally, if there are exigent circumstances, the officer can do whatever he feels necessary if he believes any potential evidence will be destroyed before a search warrant can be obtained.

If these sound unnecessarily invasive, you’re not alone in your reasoning. The legal dynamics can be vague, leaving the door open for subjective decision making on the part of law enforcement. This only highlights the importance of a good reckless driving attorney in Queens NY on your side to protect your rights.

Is Talking on a Cell Considered Reckless Driving in Queens?

The laws in New York addressing the use of your phone while driving are definitive and leave nothing open to interpretation. Under New York law, the use of a hand-held mobile telephone or portable electronic device while driving is forbidden. This includes talking on your phone, composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving texts, emails, your browser and your phone’s camera. Playing games is forbidden as well. Not only that, but if you are convicted of using your cell phone for any other reason besides an emergency, you will most likely see points added to your driving record. Note that 11 points over 18 months can lead to license suspension, which can severely disrupt your personal life and make it difficult to get to work and earn an income.

What is New York’s Driver Point System?

New York has a “Driver Violation Point System” that’s overseen by the Department of Motor Vehicles and is used to identify and ultimately punish drivers deemed high risk or who have been convicted of reckless driving. The DMV has a system that allows it to issue points and too many points could jeopardize your right to drive in New York. Points are calculated based on the traffic violations you’ve been convicted of and the window of time the violation (not conviction) occurs. If you are issued a ticket, in order to prevent the ticket from affecting your points, you will need to fight to have the ticket dismissed.

Can a Queens Reckless Driving Lawyer Help?

A single reckless driving violation in New York state can result in 11 points being added to your driving record. This means for 18 months, any further violations can result in the loss of your driver’s license. By contrast, if you’re ticketed for driving up to ten miles per hour over the legal speed limit, you may be assigned up to three points. If you’re accused of going between 31 and 40 mph over the speed limit, the points can be as high as eight.

By contacting the David M. Mirsky Law Office, you’re already one step closer to a better solution for handling any reckless driving charges. Please give us a call today or fill out the online form on this site to learn more about your options and how our Queens criminal defense lawyers can aid in a solution that allows you to move past the charges. We will discuss our rates along with your case during the initial consultation.