Defense Attorney For Reckless Driving

Defending clients in the Olympia, Tacoma, and Pierce County areas

Reckless driving is defined as driving “any vehicle in willful or wanton disregard for the safety of persons or property”. It’s a gross misdemeanor and carries a penalty of jail time of up to a year and a fine of up to $5,000. Further, anyone found to be driving recklessly will have their license suspended for at least 30 days.

Some factors involved in reckless driving

• Excessive speed
• Racing on a public road
• Driving with a revoked license
• Embracing another person while driving
• Driving under the influence of alcohol
• Crossing the center line

Road Rage is a popular term for a mental orientation that often leads to reckless driving.

If you are stopped

• The officer must have “probable cause” to stop you, which means that given the whole situation, the officer must reasonably suspect that a traffic violation has occurred.
• You may be arrested, or just detained. Being detained is of short duration and ends when you drive away. If you’re arrested, the officer must have “probable cause for arrest”, and he’ll take you into “custody”.
• Your vehicle may be parked or towed, and this is the arresting officer’s decision. He may allow it to remain in a safe and legal place nearby, in which case he’ll have you sign a liability release. Or he may have it towed at your expense.
• Your vehicle may be searched if you’re arrested.

Videotapes of an arrest

Some police cars have video equipment, and if there’s a video made of your arrest, you have a right to see it. Your defense attorney can obtain a copy of it.

At the police station

• Whatever documents you sign, you can get copies of them. Copies will be given to your defense attorney, along with the police report.
• You don’t have to answer questions. You have rights to both refrain from making statements, and to contact an attorney.
• There is usually an attorney on call so that no matter what hour you’re brought to the police station, you can ask for that phone number, and go ahead and consult that attorney. Even if no attorney is on call, the police are still required to allow you to call one.
• It will help your case if you behave politely to the police and cooperate with their requests. You can be polite about telling them that you refuse to answer any questions until you consult a defense attorney.

Being released

• A police officer may drive you home. This has no bearing on the fact that you’re being charged with reckless driving or a DUI.
• The police officer may not give you a ticket for the DUI or reckless driving. That means you’ll receive a notice in the mail shortly, which will give you the court date and time.
• If you have a clean driving record with no previous DUIs, this will help your case.

Your driving license

• If you’re convicted of reckless driving, you’ll lose your license for 30 days. But the DOL has to give you at least 45 days’ notice of this, so you’ll have some time to make other transportation arrangements.
• If you need to drive as part of your job, you may be able to get an Occupational license, and your employer will have to certify that you do drive as part of your job.
• Other situations where an Occupational license may be granted are:
• A single parent who must drive children to school or other appointments
• A person with medical problems who must drive to the doctor’s office
• If your license was granted in another state it will still be suspended in Washington State, and probably also in the state which granted it.
• If you lose your license, you’ll have to obtain SR22 insurance, which is more expensive than regular vehicle insurance.

At court

The sequence of hearings and arraignment, pre-trial hearing, motion or readiness hearings, the trial itself, and the sentencing hearing can be complex and you’d be wise to have an experienced DUI or defense attorney to guide you through it and negotiate for you.

Here are some general pointers:

• When you go to court, dress neatly in “business casual” style.
• Never be late for a court date. Preferably, be about 15 minutes early.
• Always bring all the papers you have in regard to your case.
• If you miss a court date, there’ll be a warrant issued for your arrest, with a bail amount.
• Regardless of the circumstances of your reckless driving or DUI arrest, always enter a plea of “Not Guilty”. You may be feeling bad because you did indeed drive recklessly, but a good defense and DUI attorney can often negotiate a reduced sentence or even a dismissal if you plead “Not Guilty”. If you plead “Guilty”, you’ll reduce your defense attorney’s options.

At the Law Office of Charles W. Lane, IV, we offer you a free case evaluation. You will get the help you need, 24 hours a day 7 days a week. Defense attorney Charles Lane will start working on your case the moment he represents you.

Our unique process gives you immediate and unlimited access to a representative from the firm who will work with you in developing a proactive strategy to help you avoid jail and defeat the charges against you.

You need an aggressive, experienced defense and DUI attorney working for you now. Find out more about our Criminal Cases, and the Law Office of Charles W. Lane, IV Criminal Process. Contact Us today!

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