Queens Reckless Driving Attorney

Getting a reckless driving ticket is different from most moving violation citations because it is considered a criminal offense. While many traffic infractions are considered negligence, reckless driving indicates someone acted with disregard for the safety of others. Because of the potential for harm, reckless driving comes with severe penalties that can include costly fines, jail time, and a permanent criminal record. It can also cause significant issues with a person’s driver’s license, including suspensions, impacts on insurance, and other related issues.  

For a conviction, prosecutors must prove that someone’s actions behind the wheel went beyond negligence to endanger others on the road. If you were issued a citation for dangerous driving, Mike Schillinger is a knowledgeable, reckless driving lawyer in Queens who can help you gather evidence to dispute the charges. Depending on the circumstances of your case, your traffic attorney from The Law Office of Michael A. Schillinger, Esq., may get your charges reduced or even dismissed. 

What Is Considered Reckless Driving in New York?

New York Vehicle and Traffic § 1212 defines reckless driving as using any motor vehicle “in a manner which unreasonably interferes with the free and proper use of the public highway or any parking lot, or unreasonably endangers users of the public highway or any parking lot.” A key part of the description states that a driver’s actions must interfere with the actions of others or endanger them. An experienced reckless driving lawyer in Queens, like Mike Schillinger, can use this vital distinction to argue that a driver was not behaving recklessly. 

How an Attorney Can Defend Your Rights

Since the definition does not include specific violations, New York State traffic officers use their judgment to determine when a driver’s behavior is reckless. However, to secure a conviction, the prosecution must still prove the driver showed reckless disregard for the consequences of their actions. Challenging the evidence or presenting new evidence is the most effective way to defend against charges. Mike is a skilled Queens criminal defense lawyer who often uses many of the following defense strategies in reckless driving cases.

Challenging Evidence

Existing evidence may include video footage, witness statements, or an officer’s testimony. A dedicated attorney from The Law Office of Michael A. Schillinger, Esq., can question a witness’s credibility or even use evidence, like dashcam video, to show the driving in question does not constitute reckless behavior.

Provide Reason for a Driver’s Behavior

Typically, a reason alone is not sufficient to beat a reckless driving charge. However, if the reason is an emergency, it could serve as a potential defense. For example, if a driver swerved to avoid a road hazard, that is not necessarily reckless behavior. Evidence to prove an emergency can include photos of road conditions or witness statements. 

Highlight a Lack of Disregard

An attorney can question whether a driver’s actions are reckless if video or other evidence shows that no other individuals were present to be affected. For example, the incident occurred in an empty parking lot, or the driver disobeyed a stop sign at an intersection where no vehicles or pedestrians were present. 

Contact an Experienced Reckless Driving Lawyer in Queens to Learn More

Reckless driving is a serious charge that should not be taken lightly. A single conviction can destroy a clean record. However, the nature of reckless driving laws makes such charges susceptible to false or overzealous accusations. A Queens reckless driving lawyer can protect your rights against such circumstances. 

Mike Schillinger and his team have substantial experience handling reckless driving cases. He can help you gather evidence to support your innocence and advocate for your rights in court. Contact the Law Office of Michael Schillinger, Esq., to learn more about protecting your rights after a reckless driving charge.