How to approach a rrckless driving charge?
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How to approach a rrckless driving charge?
I am 22 and was issued a citation for reckless driving. I was on my way to work and a cop came into my work and issued me a citation even though I know a cop didn’t witness me driving reckless. Apparently witnesses called him after he saw me driving over the speed limit in city limits and apparently on the freeway. Since it is my word against the witnesses and I only have 1 very small moving violation on my record in almost 4 years, should I plead not guilty? What are the possible outcomes of the sentence I could get and is this a misdemeanor in OR affecting my record?
Asked on July 26, 2011 Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should be concerned about the charges against you for reckless driving in that whether or not the harge is an infraction or a misdemeanor, ifyou are convicted or plea out, your insurance premiums will increase and you will have a "negative" mark on your motor vehicle driving record.
If the charge is a misdemeanor reckless, the ultimate penalty for a conviction would be much more severe than for a reckless driving charge that is an infraction. Such misdemeanor penalty could be jail time, probation, attendance at safety classes, and a higher penalty for monetary payment.
You need to research the statute you are charged with to see if the charge is for an infraction or a misdemeanor reckless driving. Since you were just cited and not taken to jail by the police officer, most likely it is an infraction.
You should consult with a criminal defense lawyer who is seasoned with traffic offense defense matters before making any decision on a plea.
Since the police officer did not see you do the alleged offense, he cannot give much testimony at trial. The alleged witnesses to the incident will have to appear at trial and identify you as the offending driver. Most likely this may not happen and if not, the case will be dismsised. Good luck.
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