Utah Criminal Defense

Reckless Driving

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Finding yourself charged with reckless driving can leave you searching for legal help. Understanding the aspects of a reckless driving charge, along with having the right attorney in your corner can help alleviate  some of the stress involved with your Utah Reckless Driving traffic violation. This article will help you learn the basics of the law and the steps you should take after receiving that Utah reckless driving

Utah Reckless Driving: Why You Need a Reckless Driving Attorney

Reckless driving in Utah can result in serious consequences, including fines, points on your license, and long-term implications for your driving record. However, hiring an experienced Reckless Driving Attorney can help you navigate the legal process, protect your rights, and potentially reduce your charges.


What is Reckless Driving in Utah?

Reckless driving, as defined under Utah Code 41-6a-528, involves:

  1. Operating a vehicle with willful or wanton disregard for the safety of others or property, or
  2. Committing three or more moving traffic violations within a three-mile stretch during a single continuous driving period.

Since reckless driving is classified as a Class B misdemeanor, it carries significant penalties, including fines and license points.


Key Elements of Reckless Driving

1. Does Speed Matter?

While many people associate reckless driving with excessive speed, the law does not specify a required speed. Instead, reckless driving depends on the circumstances. For example:

  • Driving 100 mph on the freeway could be deemed reckless.
  • Similarly, driving 50 mph in a school zone could also meet the definition, as it disregards the safety of children.

Therefore, the jury’s interpretation of your actions plays a significant role.

2. Common Examples of Reckless Driving

A typical example includes:

  • Weaving over a solid white line.
  • Speeding.
  • Jumping a curb, all within a three-mile stretch.

These combined violations often lead to a reckless driving charge.


Defending Against a Reckless Driving Charge

Fortunately, there are strong defenses available. With modern dashcam and body camera footage, your attorney can challenge the evidence. For instance:

  • By calculating the officer’s speed and timing, discrepancies may arise in the claim that three violations occurred within three miles.
  • Similarly, factual inaccuracies in the officer’s account could disprove the required elements of reckless driving.

As a result, hiring a skilled Reckless Driving Attorney can make a significant difference in your case.


What Happens After You Receive a Reckless Driving Citation?

If you are cited for reckless driving, you will usually be released with a promise to appear in court. Here’s what happens next:

  • Schedule a Court Date: You must schedule a hearing within 14 days to avoid further penalties.
  • Hire an Attorney: An attorney can handle scheduling and legal representation on your behalf.
  • Act Quickly: Failing to appear can result in a bench warrant and suspension of your driver’s license.

Timely action is crucial to avoid additional legal issues.


Penalties for Reckless Driving in Utah

1. Fines and Classification

Reckless driving is classified as a Class B misdemeanor and carries a recommended fine of $680.

2. Driver’s License Points

Reckless driving adds 80 points to your Utah driver’s license. Here’s what that means:

  • Drivers under 21 with 70 or more points may face suspension.
  • Drivers over 21 with 200 or more points risk suspension as well.

To reduce points, you can attend traffic school or avoid violations for one or two years.

3. Long-Term Consequences

Unfortunately, reckless driving convictions require a four-year waiting period after probation before you can apply for expungement.


First-Time Offenders: Can Charges Be Reduced?

If you are a first-time offender, you may qualify for reduced charges or a Plea in Abeyance. A successful plea allows for dismissal of your case after completing probation, paying fines, and attending traffic school.

However, even first-time offenders are not guaranteed a reduction. Prosecutors often view reckless driving as a serious public safety issue and may be less lenient compared to other charges, like first-time drug possession. Therefore, having an experienced attorney is essential.


Why Hire a Reckless Driving Attorney?

An experienced attorney can help reduce your reckless driving charges to a lesser offense, such as speeding, which does not appear on your criminal record. Additionally, reckless driving convictions can enhance penalties for future offenses, like DUIs or impaired driving.

Most reckless driving cases can be resolved without a jury trial, which saves time and costs. However, if your case goes to trial, an experienced Reckless Driving Attorney will ensure you receive the strongest defense possible.


Call Reckless Driving Attorney Jake Gunter Today

If you’ve been charged with reckless driving, don’t navigate the legal system alone. Contact Reckless Driving Attorney Jake Gunter at (801) 373-6345 for a free consultation. Jake’s expertise can help protect your rights and secure the best possible outcome for your case.


Learn More About Criminal Defense Lawyer Jake Gunter Jacob S. Gunter | Personal Injury Attorney in Provo | Reckless Driving attorney

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These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.

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