Reckless Driving
Learn What A Reckless Driving Charge Means With The Law Offices of Erik Nicholson.
Under Oregon Law, a person commits the crime of Reckless Driving if “the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property.” This is a vague statute that Oregon Law Enforcement interprets freely. We have seen many Reckless Driving arrests based solely on a witness statement without law enforcement ever observing any bad driving or traffic violations. This means that if someone gets “road rage” and calls the police with a false story, you may be the one that ends up arrested and charged with a crime.
Reckless Driving is a Class A Misdemeanor that can carry up to one year in jail, fines as high as $6,250.00 and a mandatory 90-day driver license suspension. Because a Reckless Driving conviction stays on your driving record FOR LIFE, there are also very serious long term insurance and employment consequences. Don’t wait until you’re facing the extreme consequences of a reckless driving charge. Meeting with a defense attorney early in this process will enable you to build a case for yourself in order to fight for the best possible outcome.
Strategies to Avoid Conviction: There are numerous tactics we will use to reduce your penalties or avoid a conviction for Reckless Driving.
Deferred Sentencing
In some Reckless Driving cases, we can negotiate a deferred sentence. A deferred sentence gives you an opportunity to complete a series of requirements such as obeying all laws, performing community service and/or paying a fine within a set period of time. If you successfully complete all these requirements and stay out of trouble, the court may dismiss the charges. If the requirements are not completed, the court will convict and sentence you accordingly.
Reducing your reckless driving charge to a Careless Driving Violation
Depending on the facts of your case, we may be able to negotiate a reduction of your criminal charge to a Careless Driving violation. Reduction to this lesser charge helps you avoid a criminal record and many of the harsh penalties that accompany a serious conviction like Reckless Driving.
Jury Trial
Every person charged with a crime has the right to a jury trial. At a jury trial, the prosecutor must prove each element of the crime beyond a reasonable doubt. We will work to place doubt in the minds of the jurors and undercut the prosecution’s case. When you are found not guilty at a jury trial, the charge can never be used against you.
Plea Negotiations
As with most driving offenses, District Attorneys are very aggressive when you are arrested for Reckless Driving. Even on first time offense, they will seek jail time and high fines. If you were caught driving recklessly, Erik Nicholson will work tirelessly to negotiate a significant reduction of penalties and fees in your Reckless Driving case. This includes avoiding jail altogether and lowering fines and other penalties as much as possible.