Chesterfield Reckless Driving: Danger to Life, Limb or Property
Reckless driving by danger to life, limb, and property essentially means that you drove a vehicle on any highway or state road in a manner as to endanger the life, limb, or property of any other person on the road. This is a very broad reckless driving charge which means that there is plenty of room for a Chesterfield reckless driving lawyer to assist you.
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How Often This Type of Reckless Driving is Charged
This kind of reckless driving is a very common charge. In many cases, if the officer feels that your driving caused an accident, but the exact cause is unclear, they will often fall back on this charge. The reckless driving general statute is very broad. However, it comes with the penalties of any other reckless driving, which is a class 1 misdemeanor and carries the possibility of jail and license suspension. Therefore, it is very important to retain counsel on a charge like this.
Do Officers Determine Whether or Not to Charge Someone?
Yes, reckless driving generally is a charge normally at the discretion of the officers. It is up to the officers to determine, through their experience and training, what they observed as the cause of the accident. They will rely on their observations and witness statements to conclude that you were driving in such a reckless manner.
Evidence Presented in These Cases
With a charge like this, the evidence presented will involve the officer’s observations about what happened, in addition to any witness statements that can identify how you were driving prior to the accident or the manner in which you were driving that caused the officer to charge you. A lawyer can challenge the officer’s testimony and can also attempt to refute the witness’s testimony via cross-examination. An attorney can also show that the driving did not rise to the level of recklessness and did not endanger life, limb, or property.
How This Charge Differs From Other Reckless Driving Charges
What makes this charge different than other reckless driving charges in court is that this reckless driving charge is very much dependent on the officer’s discretion and the officer’s observations. The officer would have to make a determination that your driving endangered life, limb, and property on the road.
It is not just simply testifying as to the speed or a direct cause. This is a very broad statute that provides a great amount of leeway for the officers to charge it. An attorney will attempt to either refute the officer’s testimony or show that their observations do not rise to the level of reckless driving.
Impact on CDL Holders
A reckless driving by general danger can most definitely affect a CDL driver. A conviction of this charge can result in either a loss or suspension of your CDL, which can then result in the loss of your job. It’s very important for a CDL driver to obtain counsel. What an attorney can try to do is the get the charge reduced so it doesn’t impact your CDL as much or get the matter possibly dismissed.
Building a Defense For Reckless Driving
With a reckless driving general case, what an attorney will attempt to do is review the evidence against you to determine if in fact it was reckless driving and review any accident reports or officer statements as to what occurred. In addition, the attorney will present evidence on your behalf regarding your driving, cross-examine the officer and any independent witnesses, and help you prepare to try and mitigate the punishment—whether that be driving school or community service. In addition, an attorney can also negotiate with a prosecutor to try and get a resolution.