There are certain traffic violations that are relatively straightforward. Traffic cameras may capture footage of people running red lights. Police officers can monitor the speed of approaching vehicles and can issue citations to those who exceed the posted limit.
Other offenses leave much to the interpretation of law enforcement professionals, prosecutors and court officials. People accused of reckless driving are at risk of more serious penalties than those simply accused of speeding or another minor traffic infraction. Reckless driving adds four points to a driver’s license and can leave people responsible for paying hundreds of dollars in fines and additional court costs.
A driver accused of reckless behavior may disagree with that description of their conduct. Who decides if a motorist was reckless?
State statutes are open to interpretation
Some states have very clear definitions of reckless driving that include specific types of offenses, such as racing on public roads. In Kentucky, the statutes are broad and therefore open to interpretation. The reckless driving statute in Kentucky makes it illegal to operate a vehicle in a negligent manner that clearly puts other people or private property at risk.
Frequently, whether a driver receives a simple citation or faces allegations of reckless driving depends on the discretion of the police officer who stops them. If the police officer believes that the driver displayed disregard for the safety of others and engaged in conduct likely to cause harm, they may accuse the motorist of reckless driving instead of issuing a more specific citation.
However, it is ultimately the courts that decide whether the driver was reckless or not. Provided that the motorist mounts a defense to the allegations that they face, the courts must evaluate the situation to determine whether a motorist was truly reckless.
Drivers can hire lawyers to help them fight reckless driving charges. They can provide context that might explain behavior that seemed unsafe. They can challenge the police officer’s narrative and provide a different version of events. The justification for the reckless driving allegation and the evidence supporting the charges influence the best defense strategy to develop.
Those accused of major traffic violations may want to protect their driving privileges and financial resources by fighting back instead of pleading guilty and paying the associated costs. Discussing what led to reckless driving allegations with a skilled legal team can help drivers plan an appropriate response and prepare for court.