How does reckless driving differ from careless driving

If you are issued a civil careless driving citation, you have days to pay the ticket, or to request a formal traffic hearing. If you choose to simply pay the ticket, there is normally a monetary fine listed on the citation itself. It is best to speak to a lawyer before paying the ticket, as there are ways to possibly avoid points being placed onto your license. Of course, if a formal traffic hearing is requested, it will be presided over by a judge or designated traffic hearing officer.

There is no right to a jury trial with this civil traffic citation. Despite being a civil citation, the rules of traffic court still require the state to prove the careless driving civil citation beyond all reasonable doubt. Hiring an attorney allows you to have an advocate who can argue to the court why points should be withheld, or advocate during your bench trial should you choose to have such.

Remember that reckless driving is a criminal offense, not simply a traffic offense, and could result in incarceration or probation, and will be on your criminal history. Both reckless driving and careless driving can result in points being placed onto your driving history. If you, or someone you know, has been charged with reckless driving or careless driving, call my office immediately. When a driver operates their vehicle carelessly, they are driving in such a way that could cause damage to person or property.

Reckless Driving — Someone accused of reckless driving could be in serious trouble. Someone driving recklessly has the intent to harm person or property, whereas the careless driver does not. Most states, as well as insurance companies, view reckless driving as a serious traffic violation.

Each state governs the rules of their roads. Therefore, the penalties will differ in each state. It not only involves a fine but also a 6-month license suspension. However, it does not carry any points. Again, if anyone is injured or killed, the fine increases and jail time may be imposed. Careless driving is usually a misdemeanor. Depending on the circumstances, such as excess speed, wrong positioning on the road, or injury or death will bump up the offense.

There may also be other legal and personal consequences. The police must prove the applicable driver's fault and type of driving beyond a reasonable doubt. Have you been charged with careless or reckless driving? Our attorneys from Emkey Law Firm are ready to defend you. Contact us today to start your defense!