Louisiana Revised Statutes La RS 14:99 Louisiana Law Against Reckless Driving is what regulates the offense of reckless driving. Reckless driving is a criminal offense and it is covered by the above-mentioned statute, it is a misdemeanor and is punishable with jail time up to 90 days.
Reckless driving in Jefferson Parish happens when you’re accused of driving a vehicle in such a way that is negligent criminally, in such a way that it is reckless and harmful to you and other people on the road. What is called a test of a reasonable man is used in order to know if you are driving carelessly, a reasonable man’s test means that if a reasonable man who is careful would perceive the manner you are driving is dangerous, reckless or negligent then you are guilty of the offence of reckless driving.
What Reckless Driving Means
Reckless driving in Jefferson Parish means that you have driven in a way that is dangerous to the point that you could have caused harm to other people on the road and yourself, this amounts to a criminal offense and you might be found criminally liable.
The Elements That Make Up Reckless Driving in Jefferson Parish
In order to find you guilty of reckless driving in Jefferson Parish, there are some ingredients that must be present in the act that constitutes reckless driving, and the person in charge of prosecuting must prove them, these elements are:
- That you were driving or operating a vehicle.
- The way in which you were driving or operating said vehicle was dangerous, negligent, or reckless.
- A reasonable man that is careful would consider the way you were driving to be dangerous or capable of causing harm to yourself and/or other people around when you were driving.
- You were fully aware of the way you were driving.
- You willfully and knowingly took something like alcoholic drinks or engaged in acts that led to your reduced ability to drive which in turn led to you driving in a manner that is reckless.
- You were using a mobile or electronic device while you were driving and that took your attention from your driving and endangered yourself or other people on the road while you were driving.
Examples of Reckless Driving
After leaving a bar and you had taken some bottles of drinks that contained alcohol you entered your vehicle and started driving even though those drinks had impaired your ability to drive or you ought to know as a reasonable man would have known that taking those drinks that contained alcohol had reduced your ability to drive well.
While you are driving your car, you are also actively operating your mobile phone and this reduces your ability to drive well or you ought to know that it would significantly reduce your ability to drive well.
While you are driving you are playing with someone else in the car and by virtue of this you do not pay attention to the road and you start driving in the wrong lane.
You see a sign that the speed limit is 30 MPH yet you drive above that speed.
Possible Penalties for Reckless Operation
The relevant laws of Louisiana provide for the possible punishments if you are found guilty of reckless driving. The punishment that you will get depends on various factors depending on the circumstances surrounding your case, these punishments are:
- Your license to drive or operate a vehicle could be revoked.
- You could be ordered by the appropriate authority to pay a fine that could be up to $200 (Two hundred dollars).
- You could be sent to jail for 90 days.
- You could be prohibited from driving a commercial vehicle for months, years, or permanently.
Legal Defenses Available to You Against Charge of Reckless Driving
A conviction for reckless driving in Kenner, Gretna or Metairie is possible if the ingredients of the offence are proved in your case, the attorneys at Barkemeyer Law Firm are equipped to help you in your case.
The defenses you can use in a reckless driving case are many and some of them are:
- You were honestly mistaken as to the speed limit in a particular area or there was no visible speed limit for that place.
- You were under duress while you were driving.
- Lack of capacity to know or understand what reckless driving is.
In order to assist your understanding of what reckless driving in Jefferson Parish means and the laws that govern the offence we are going to expound on the following points below:
- What it means to drive recklessly according to the extant laws in Louisiana, specifically Jefferson Parish.
- The ingredients/elements that make up the offence of Reckless driving.
- The probable punishment or penalties of reckless driving according to the extant laws in Louisiana.
Whatever questions that may arise after you have read this article our Reckless Driving defense attorneys at Barkemeyer Law Firm are open to answering them.