Reckless Driving By Danger to Life, Limb, or Property
Unlike some other forms of reckless driving, reckless driving by life, limb, or property provides law enforcement officers with a lot of discretion for when to charge someone with this offense. As a result, it is important you consult with a Richmond reckless driving attorney as they may be able to negotiate it down to a lesser charge or show why your driving did not reach a level of ‘reckless’.
Read below to learn specifically about reckless driving by life, limb, or property and how it is charged, before calling and scheduling a consultation with an attorney to discuss your case.
What is Reckless Driving By Life, Limb, or Property?
Reckless driving by danger to life, limb or property means that you are operating the vehicle recklessly for a speed or a manner so as to endanger the life, limb or property of any other person on the roadway or in your own vehicle. This can be cited a number of ways either by cutting in and out of traffic, tailgating other vehicles, or just driving aggressively. The officers are given wide discretion in charging this.
Does The Officer Have The Right to Decide When To Charge This Type of Reckless Driving?
Officers are given wide discretion in charging reckless driving generally or driving in a manner that is a danger to limb or property, even if you’re not speeding or even if you’re not committing another associated offense. If the officer believes that your driving was such that it created the possibility of injuries to other individuals then they have the discretion to charge that and then they would testify in court as to what they saw that warranted that charge.
This is a very common charge and in many cases, if the officers are unclear about the other factors of the driving, whether it’s speed, failure to maintain control, or faulty equipment, they’ll typically just charge this under the general reckless driving statute. The statute itself is very ambiguous so a lot of driving scenarios can fit under the law.
How Is This Charge Treated By The Courts?
Reckless driving generally or reckless driving where there’s a risk to life, limb or property can be punished very severely by the courts in Richmond. Courts are looking to see if there’s injuries involved or if there’s either aggressive driving or an effort to intimate someone, and/or if there’s alcohol involved. In those cases the judges will look to impose a long term license suspension but also look to impose active jail time as well.
How Can Reckless Driving By Life, Limb, or Property Affect a Commercial Driver’s License?
A reckless driving charge of this type can have a significant impact on a commercial driver’s license. Reckless driving generally can result in a loss or suspension of a CDL which, in turn, can obviously result in the loss of a job or employment. The Richmond Courts are extremely strict on CDL drivers and not as likely to consider mitigating factors.