Reckless Driving Charge in Louisiana
Year after year, there are several reports and cases of reckless driving. Some may be intentional, while some are not. Are there any cases if unintentional reckless driving? Well, yes! You’ll find out in the article.
Reckless driving is one of the leading causes of death on the road. Though it may not always be the fault of the driver, more than 80% is the driver’s fault. Reckless driving is a big menace in a society which is quite difficult to handle it curtail. As long as there are cars on the road, it is quite impossible to say that there will never be a case of reckless driving. Why? It is inevitable, which in essence means that it just has to happen at intervals. The only thing that can be done is to advise motorists to be very careful when driving, and obey all traffic laws, rules and regulations, including staying away from alcohol and drugs while driving.
What Is Reckless Driving?
Reckless driving simply refers to a situation where a driver disregards all traffic laws, rules, and regulations willfully, which most times bring about grave consequences.
In the United States of America, reckless driving is a serious traffic violation and it is punishable by law. Bear in mind that reckless driving us different from careless driving and improper driving. It is the highest level of careless driving, hence the use of the word ‘reckless’. Here, the driver violates all traffic rules, leading to wreck and havoc, sometimes inflicting serious injuries on other people. It is more than mere negligence. Reckless driving exposes other road users to the risk of harm and serious injuries.
What Constitutes as Reckless Driving?
For you to have been given a driver’s license, it means you have successfully passed a driving test. Of course, during your driving lessons, you must have been told to obey all the laws concerning driving to avoid being in a difficult state. You also must have agreed to obey strictly to these rules. What then causes reckless driving, if these reckless drivers are authorized drivers? What went wrong?
The laws of many states differ as regards to reckless driving and what causes it. But here are a few things that constitute as reckless driving generally:
Driving at night without the use of headlights: This is a serious form of reckless driving. It is often a wonder that a person can comfortably drive St night without using s headlight. This is what drives the law crazy about this aspect. You need to see the road in front of you and ensure it is very safe to go through, without a threat of harm. Most probably the person’s headlights are bad and have not been fixed.
Excessive Speeding: It doesn’t matter if you are late for an appointment, why on earth are you speeding? You are not only endangering your life, but the life of whoever is in your car at that moment, and the lives of other road users as well.
Not paying attention to the road: Taking calls while driving or having a conversation while driving may take your mind off the road. Driving needs utmost care, attention, and concentration. While driving, you need to focus only on the road and avoid unnecessary distractions.
Note that the laws on reckless driving differ from state to state. In this regard, you must know your state rules concerning reckless driving. In this way, you will get to know which actions you take on the road while driving that will put you at risk of being charged with reckless driving. As the laws differ, so do the penalties differ.
As regards to speeding, it is a driving offense, but may not be called reckless driving unless the speed is very excessive. Generally, driving more than 25 miles an hour above the stipulated limit is over speeding. Also, speeding may be seen and considered reckless if there are signs of recklessness, such as speeding in a place full of pedestrians, while you are supposed to drive moderately.
Another thing that is considered or constituted as reckless driving is driving under the influence of alcohol and drugs. This case suggests that you practically have no regard for the safety of other road users. However, this is mostly charged as another case known as DUI.
Penalties for Reckless Driving
As earlier mentioned, the laws on reckless driving differ according to states, and so does the penalties. Generally, however, the punishment for reckless driving is usually to suspend or revoke the driver’s license of the defaulter, imprisonment, and fine.
Reckless driving may either be seen as a misdemeanor or a felony, depending on the severity of the crime. If there is bodily injury, then it is a felony.
The constitutes of reckless driving are determined by the circumstances involved, and this, in turn, determines the penalty to be given to the defaulter.
Generally, any person who has been charged with reckless driving pays a fine of not less than five dollars and not more than one hundred dollars. If there is a second conviction, the person is required to be imprisoned for not more than ten days. You can also do both; fine and imprisonment. If as a result of your reckless driving you inflict serious injuries on a person or even kill a person, then your case is on another level. This particular one is known as vehicular homicide.
Before convicting a person of reckless driving, his or her mental state is checked, because sometimes, it may not be a deliberate action.
The Barkemeyer Law Firm and Your Reckless Driving Case
If you have been convicted of reckless driving, then you need to get a lawyer to defend you in court. If you are in New Orleans and you will be facing a trial at New Orleans’s Parish, then you need to contact Barkemeyer Law Firm.
With years of experience in law, our professional attorneys strive to give the best when handling cases, which may lead to reduced charges.
Contact us if you ever have a reckless driving case.
422 S. Broad Avenue
New Orleans, LA 70119