Most traffic violations are simple matters. Police officers spot an infraction in process, such as a driver exceeding the speed limit. They conduct a traffic stop, discuss the matter with the motorist and issue a citation.
The driver pays the ticket, and everyone moves on with their lives. Other times, the traffic violation may be so serious that officers choose to arrest the motorist or refer the case to the prosecutor as a misdemeanor crime.
Reckless driving is a common misdemeanor offense in Kentucky. What circumstances justify a reckless driving charge instead of a simple traffic ticket?
Reckless driving involves willful negligence
A variety of different situations could warrant reckless driving charges under current Kentucky laws. Excessive speeding, racing on public roads and weaving in and out of traffic are all forms of reckless driving.
Any behavior that another reasonable adult could identify as clearly unsafe might lead to reckless driving allegations. A driver does not need to cause a crash or harm anyone else for the state to pursue reckless driving charges.
A conviction or guilty plea can cost a motorist their license temporarily, in addition to the possibility of fines and even jail time. Reckless driving adds four points to a motorist’s record, which can put their license at risk if they have other citations on their recent record. While jail time isn’t mandatory, especially for a first offense, the courts can sentence a driver to up to 15 days in jail.
Fighting reckless driving charges could involve explaining certain behavior or questioning how a police officer interpreted the driver’s conduct. Drivers who want to avoid reckless driving convictions may need help analyzing the state’s case and developing a criminal defense strategy.