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Mecklenburg County prosecutes reckless driving cases aggressively. If you're facing charges, you likely have questions about what comes next. While every situation is unique, understanding the general legal process can help you feel more prepared and proactive as your case unfolds.
Our reckless driving defense lawyers at Browning & Long, PLLC, are former prosecutors and have extensive experience handling reckless driving cases throughout Mecklenburg County. We're here to guide you through each step, protect your rights, and fight for the best possible resolution on your behalf.
What Is Reckless Driving in North Carolina?
Under North Carolina law, reckless driving is defined broadly and gives police officers significant discretion in issuing charges. Under N.C.G.S. § 20-140, you could be charged with this offense for:
- Operating a vehicle carelessly and heedlessly that shows wanton disregard for the rights or safety of others, or
- Driving without due caution at a speed or in a manner that endangers, or is likely to endanger, any person or property.
. Common examples of reckless driving in North Carolina include:
- Excessive speeding
- Racing or engaging in speed competitions
- Passing another vehicle in a no-passing zone
- Weaving through traffic or changing lanes erratically
- Running red lights or stop signs in a dangerous manner
- Passing a stopped school bus
What Happens in a Reckless Driving Case in Mecklenburg County?
You may not realize that you’ve been arrested if you’re charged with reckless driving in North Carolina. That’s because the police will issue you a criminal citation that looks similar to a traffic ticket. However, it’s a summons to appear at court on a specific date. Here are the steps you will go through in your reckless driving case.
Arraignment
Unlike many traffic tickets, reckless driving is not a waivable offense. You must attend a court hearing to resolve your criminal case. Your first hearing will be your arraignment. At your arraignment, the judge will formally read the charges against you and ask how you plead: guilty, not guilty, or no contest. This is your opportunity to enter your plea before the court officially.
If you haven't hired an attorney before the arraignment, the judge may reschedule the hearing to give you time to secure representation. Having our reckless driving defense lawyers by your side from the start can make a significant difference in how your case unfolds.
Your Defenses
Before considering any plea offer, our lawyers will carefully assess the facts of your case to identify strong legal defenses. This involves scrutinizing all available evidence, interviewing witnesses, and reviewing relevant traffic laws and court precedents. We’ll also identify your defenses and collect the evidence you need to support them.
Common defenses in reckless driving cases include:
- Lack of probable cause for the traffic stop
- Inaccurate or unreliable speed detection devices
- Mistaken identity or faulty eyewitness testimony
- Necessity or justification for your alleged conduct
- GPS defense
- Violations of your constitutional rights during or after the arrest
Building an aggressive defense takes time, effort, and skill. That's why it's crucial to involve our knowledgeable reckless driving defense lawyers as early as possible in the process.
Discovery and Pre-Trial Motions
If you plead not guilty, our lawyers will obtain discovery, including police reports, witness statements, vehicle or body-worn camera footage, and other evidence that supports the charges against you. We’ll scrutinize these materials for inconsistencies, procedural errors, or signs that your charge should be dismissed.
We may be able to file pre-trial motions to suppress evidence being used against you and to dismiss the reckless driving charges. Possible challenges we may raise include:
- The traffic stop itself, if police lacked probable cause to pull you over
- Statements you made without being read your Miranda rights
- Testing results, if the testing equipment, such as a radar gun, was faulty
- Prosecution evidence or witness testimony, if unreliable
- Other violations of your constitutional rights that resulted in the collection of illegal evidence
If the judge grants a motion to suppress or dismiss, the prosecuting attorney may have to drop or reduce your charge.
Plea Bargaining
In many reckless driving cases, prosecutors are willing to negotiate lesser charges to avoid a trial. Our attorneys can engage in plea bargaining on your behalf if this will achieve the best available outcome.
Through strategic negotiations, we may be able to have your reckless driving charge reduced to a non-criminal offense, like improper equipment or exceeding a safe speed. Our lawyers will use all available leverage, including your defenses, to reach an agreement that minimizes the consequences of a conviction.
Trial and Sentencing
Should your case proceed to trial, our lawyers will meticulously prepare the strongest possible defense. Through zealous courtroom advocacy, we’ll cast doubt on the prosecution's allegations and work tirelessly to defend you.
If you're found not guilty, your case ends. But if the judge or jury returns a guilty verdict, sentencing will follow. Our lawyers can argue for minimal jail time, fines, and driving restrictions.
What Are the Penalties for Reckless Driving in Mecklenburg County?
In North Carolina, reckless driving is a Class 2 misdemeanor punishable by up to 60 days in jail and a fine of up to $1,000. But the fallout often goes beyond standard criminal penalties.
Additional consequences of a reckless driving conviction may include:
- Driver's license suspension. Depending on the facts of your case, your license could be suspended for 30 to 60 days or longer if you have prior traffic offenses. Additionally, demerit points will be added to your driving record.
- Insurance premium increases. A reckless driving conviction can cause your insurance rates to rise substantially for three to five years.
- Employment difficulties. If you drive for work or hold a commercial driver's license (CDL), a conviction may threaten your livelihood. Even in other industries, criminal records can limit your job prospects.
Reckless Driving Defense Requires a Proactive Approach
No matter your circumstances, you should take reckless driving charges seriously from the start. Exercise your right to remain silent, contact our skilled reckless driving defense lawyers, and begin building your defense strategy as soon as possible.
We're committed to providing the guidance you need and a vigorous defense to the charges you face. Together, we can work to achieve the best attainable outcome in your criminal case and reclaim your life and future.
