New York State law is intentionally vague about what qualifies as reckless driving. Oftentimes, cops will give you a summons for reckless driving when really they should have simply issued a ticket for going through a red light, speeding, or a stop sign ticket. Unlike most traffic offenses, reckless driving is classified as a criminal act rather than a violation, and can land you in Criminal Court. If charged with reckless driving, you could face much steeper penalties if found guilty than you would for a typical ticket.
These factors create a complicated legal situation that can be hard to manage without a qualified traffic attorney’s guidance. Fortunately, Mike Schillinger is an experienced Islip reckless driving lawyer who can work with you to help you pursue the most favorable outcome for your case. Mike will work with you on your schedule, helping to guide you each step of the way.
According to New York Vehicle and Traffic Law § 1212, there are two ways you can commit the criminal offense of reckless driving in Islip, both of which Mike can help contest as your defense attorney. First, you can be charged with reckless driving if, through your operation of any motorized vehicle, you interfere with the free and proper use of a public road or parking lot without a valid reason. Second, you may be charged if a police officer believes you were driving in a way that unreasonably endangers other people on the road.
In both cases, reckless driving is a misdemeanor offense carrying the following potential penalties upon conviction:
The DMV may also assess five points against your driver’s license. The critical thing with points on your license is that if you accumulate 11 points assessed on your license within 18 months, the state will automatically suspend your license.
The fact that reckless driving is so broadly defined by New York State law can either hinder your defense strategy or strengthen it. Mike Schillinger can help you determine the best way to approach your case, discussing strategy with you and determining the best course of action. In these cases, police testimony will likely represent the bulk of the evidence against you, and oftentimes, courts are willing to take the word of police officers over statements from someone contesting a traffic offense.
In some circumstances, if the officer lacked probable cause or collected evidence improperly, the court may rule their testimony inadmissible in court. This could be key to an effective defense. If you have witness statements, video footage, or evidence of an emergency situation that explains your actions, it’s critical to provide them to your attorney so that they can use that in your defense. Mike Schillinger is a seasoned legal professional who may be able to help you use that information to fight the allegations.
Being accused of reckless driving can be both frustrating and life-changing, depending on the circumstances. Regardless of the situation, it is important to be proactive about defending yourself against this type of allegation, especially if this is not your first traffic offense.
Once retained, Mike Schillinger could be the knowledgeable and tenacious Islip reckless driving lawyer you need to build and execute an effective defense strategy. Call today for a consultation.
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