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New York Reckless Driving

By Spodek Law Group | October 18, 2023
(Last Updated On: October 19, 2023)

Last Updated on: 19th October 2023, 07:41 pm

New York Reckless Driving: A Comprehensive Guide

Reckless driving is a serious traffic violation in New York that can lead to criminal charges, fines, license suspension, and increased insurance rates. This article provides a comprehensive overview of reckless driving laws, penalties, and defenses in New York.

What is Reckless Driving in New York?

New York Vehicle and Traffic Law §1212 defines reckless driving as operating a motor vehicle “in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.”

Some examples of reckless driving include:

  • Speeding excessively over the limit
  • Making unsafe lane changes
  • Passing dangerously
  • Tailgating
  • Street racing
  • Running red lights
  • Driving aggressively and erratically
  • Driving under the influence of alcohol or drugs
  • Using a mobile phone while driving
  • Failing to yield to pedestrians

Simply put, reckless driving is operating a vehicle in a way that shows a disregard for safety and puts others at risk. It goes beyond ordinary traffic violations like speeding or rolling through a stop sign. Reckless driving reflects genuinely hazardous conduct behind the wheel.

Reckless Driving Penalties in New York

A reckless driving conviction in New York is a misdemeanor criminal offense. This means it can lead to:

  • Up to 30 days in jail
  • Up to $300 in fines
  • 5 points on your license

The New York DMV will also suspend your license if you accumulate 11 points in an 18-month period. A reckless driving conviction adds 5 points, putting you more than halfway to suspension.

In addition, your car insurance rates will skyrocket with a reckless driving conviction on your record. Premiums could potentially double or even triple. Some insurers may even drop you.

The consequences are severe. That’s why you should never plead guilty and consult a traffic lawyer if charged with reckless driving in NY. An experienced attorney can often get the charges reduced or dismissed.

Common Defenses Against Reckless Driving

There are valid legal defenses you can raise to fight a reckless driving charge in New York:

  • No probable cause for the traffic stop – If the officer lacked sufficient grounds to pull you over in the first place, the entire case could get thrown out due to an illegal stop.
  • Faulty or unreliable evidence – Police must collect evidence properly, like calibrating speed radar guns. If procedures weren’t followed, the evidence may not hold up.
  • Mistaken identity – You can argue you weren’t driving the vehicle when the alleged offense occurred.
  • Insufficient evidence of “recklessness” – The prosecution must prove you drove in a way that endangered others and deviated egregiously from the rules of the road. There may be room for reasonable doubt.
  • Mitigating circumstances – Factors like weather conditions, mechanical issues, or avoiding an accident could potentially justify driving decisions.

An experienced traffic lawyer can evaluate the specifics of your case to craft the best defense strategy. Many reckless driving charges get reduced or dismissed when competently challenged in court.

Fighting a Reckless Driving Ticket in New York

Here are some tips for fighting a reckless driving ticket in New York:

  • Don’t plead guilty – Pleading guilty means accepting the conviction, fines, and license points. Always plead not guilty and request a hearing.
  • Get a lawyer – An attorney can defend you in court, negotiate with the prosecutor, and contest issues like improper stops. This is a criminal charge, so don’t go it alone.
  • Request evidence – Exercise your right to view evidence like police dash cam footage through the discovery process. This can reveal flaws.
  • Raise doubts – Look for inconsistencies, inaccuracies, missing information, or lack of hard evidence that you drove recklessly beyond a reasonable doubt.
  • Negotiate – Your attorney may be able to bargain the charge down to a simple traffic infraction rather than a misdemeanor.
  • Go to trial if needed – You have the right to make the prosecution prove its case before a judge or jury. Many reckless driving trials end in acquittals or dismissals when the defense raises effective arguments.

With an experienced traffic lawyer on your side, you can achieve the best possible outcome for your situation. Don’t take a reckless driving charge lightly. Fight it strategically.

Real-Life Examples of Reckless Driving in New York

To understand how reckless driving allegations play out in real-life, here are some examples from New York courts:

  • People v. Grogan – Defendant was clocked driving 97 mph in a 55 mph zone. The court upheld the reckless driving conviction, citing the extremely excessive speed.
  • People v. Graham – The defendant was driving erratically, swerving between lanes, tailgating, and gesturing aggressively at other drivers after leaving a bar. The court ruled this behavior met the definition of reckless driving.
  • People v. Smith – The defendant was drag racing at high speeds through a residential neighborhood. The court affirmed the reckless driving conviction since the defendant showed a disregard for public safety.
  • People v. Jones – The defendant was pulled over for driving 105 mph on the highway. The court dismissed the reckless driving charge because the prosecution couldn’t prove the excessive speeding endangered any other motorists at that time and place. The speed alone wasn’t enough.

These examples illustrate how New York courts apply the reckless driving statute on a case-by-case basis. The prosecution must prove genuinely hazardous conduct beyond a reasonable doubt.

Recent Changes to Reckless Driving Laws in New York

Reckless driving laws and enforcement practices are evolving in New York. Some recent developments include:

  • Increased use of speed cameras – New York City has rapidly expanded its speed camera program, which now issues tickets to vehicles exceeding the limit by 10+ mph. More cameras are coming. This provides police with more tools to catch and deter reckless speeding.
  • Harsher penalties – Historically, many reckless driving charges got pleaded down to non-criminal traffic infractions. But some districts have tightened policies to impose harsher penalties. Prosecutors are less willing to bargain charges down.
  • Pilot driver safety programs – In 2020, New York City launched a pilot program requiring drivers with multiple speed/red-light camera violations to take safety courses or face vehicle impoundment. This addresses repeat reckless driving offenders.
  • No plea bargaining in NYC – In 2019, the NYC District Attorney’s Office implemented a policy to no longer plea bargain reckless driving charges down to lesser offenses, to ensure proportional punishments.

So consequences for reckless driving in parts of New York, especially NYC, are growing stricter. An experienced traffic lawyer is essential to navigate the complexities of fighting these allegations.

Is Reckless Driving a Felony in New York?

Reckless driving is a misdemeanor under New York law, rather than a felony. Some other states classify reckless driving as a felony offense, but New York does not.

However, there are certain circumstances where reckless driving can lead to felony charges:

  • Aggravated vehicular assault – Recklessly causing serious physical injury to another person while driving constitutes aggravated vehicular assault under NY Penal Law 120.04-a. This is a Class C felony.
  • Aggravated vehicular homicide – If reckless driving causes the death of another person, it becomes aggravated vehicular homicide per NY Penal Law 125.14, a Class B felony.

So while a standard reckless driving charge under VTL 1212 is a misdemeanor, it can turn into a felony if the reckless driving results in substantial physical harm or death.

Is Reckless Driving the Same as Careless Driving in New York?

Reckless driving and careless driving are two different violations under New York traffic law:

  • Reckless Driving – Misdemeanor crime under VTL 1212. Involves operating a vehicle in a way that dangerously interferes with others’ safety in a clear and pronounced manner.
  • Careless Driving – Traffic infraction under VTL 1212-a. Involves operating a vehicle in a way that interferes with others’ safety in a less severe manner.

So reckless driving requires a more substantial level of risk and disregard for safety than careless driving. Prosecutors must prove that the driver’s conduct went beyond mere carelessness into genuine recklessness territory.

Many defense attorneys argue that alleged behavior is more consistent with careless rather than reckless driving to avoid the harsher penalties. But ultimately, the prosecution must establish recklessness.

Reckless Driving vs. Drunk Driving in New York

Both reckless driving and drunk driving are dangerous traffic violations, but have some key differences in New York:

  • Reckless Driving – Misdemeanor if driving dangerously without regard for safety. Being under the influence is not required.
  • Drunk Driving – Misdemeanor if operating a vehicle with a .08+ BAC. Can be charged even if driving is not overtly reckless.
  • Penalties – A reckless driving conviction results in up to 30 days jail, $300 fine, 5 license points. Drunk driving leads to up to 1 year jail, $1,000 fine, 6-month license suspension.
  • Intoxication – Reckless driving does not require intoxication, while drunk driving does. But reckless driving while intoxicated can result in both charges.
  • Lesser offenses – Reckless driving may allow room to negotiate down to careless driving. Drunk driving can be pleaded down to impaired driving.

So while both are misdemeanors, drunk driving laws are targeted specifically at intoxicated operation of a vehicle rather than broadly dangerous driving. An experienced traffic lawyer can help navigate the complexities and interactions between these charges.

Should I Get a Lawyer for a Reckless Driving Charge in New York?

Yes, you should absolutely consult an attorney if facing a reckless driving allegation in New York. Here’s why:

  • This is a criminal misdemeanor charge, so you need an experienced criminal defense lawyer, not just a traffic ticket firm.
  • The penalties of up to 30 days jail, $300 fine, and 5-point license suspension are severe.
  • A conviction will drastically increase car insurance rates for years.
  • An attorney can often get the charges reduced or dismissed through negotiation or contesting issues at trial.
  • Navigating court procedures, evidence rules, and legal arguments requires expertise.

Without a lawyer, you risk accepting a damaging criminal conviction along with huge fines, points, insurance hikes, and license suspension. It’s critical to have an experienced traffic crimes attorney fighting for the best possible resolution under the circumstances.

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