Columbia Reckless Driving by Danger to Life, Limb, or Property
If someone is weaving in and out of traffic, burning out, or doing donuts in a parking lot, it could be argued that they are causing danger to life, limb, or property. When they are driving dangerous, they could be charged with reckless driving. It is a basic reckless driving incident when somebody is willful or wanton and disregarding the safety of persons or property. If someone is driving in that manner, it is not uncommon for police officers to charge them with reckless driving.
If you have been accused of driving with a disregard for the safety of persons or property, it is best to seek legal counsel who could help you fight the charges. Speak to an experienced reckless driving attorney to learn about your legal options and how you could avoid the consequences of a conviction.
Defining Reckless Driving by Danger to Life, Limb, or Property
An individual could be considered as driving reckless if they operate a vehicle which endangers the life, limb, or property of another. Additionally, it also applies to the death of a person ensues within three years of a proximate result of an injury received by a person driving a vehicle in reckless disregard of the safety of others. There is also another type of reckless driving offense which occurs when an individual dies due to the dangerous operation of a vehicle. It is known as reckless vehicular homicide per 86-5-29-10.
If an individual is driving a vehicle in a willful or wanton manner to the disregard of the safety of persons or property or they were doing it in such a manner that resulted in the proximate cause of someone’s death that occurred up to three years, they could be charged with reckless vehicular homicide. Reckless vehicular homicide is a serious offense which carries a potential punishment of up to ten years in prison. Speak to a skilled attorney to learn about the laws regarding Columbia reckless driving by danger to life, limb, or property.
Who Decides If An Individual Is Driving Dangerously?
Police officers have the right to decide if an individual’s driving was dangerous. The police officer has to make a probable cause determination as to whether the person’s driving met the reckless driving definition. It is a judgment call by the officer as to whether the evidence rose to that level. If they believe the driving was dangerous, they go to a magistrate, who is meant to be neutral, detached, and unbiased, to present this information.
The magistrate is supposed to determine whether probable cause exists based on the evidence, on whether the facts meet the reckless driving definitions, and whether the evidence satisfies probable cause. Based on the underlying facts, officers have a discretionary ability to charge somebody with reckless driving.
Evidence in a Reckless Driving Case
The kind of evidence that would be presented against someone in court for a charge of general danger to life, limb, or property would be evidence they believe of what occurred. For example, if someone was skidding down the road or weaving in and out of traffic on the interstate, the police officer would have to prove that occurred. They may have dash cam video recordings, their own testimony, or testimony from witnesses.
The evidence they would try to use would be generally from a car wreck case. They would use accident reconstruction and try to show, based on skid marks, how fast someone was going. Based on recreating the accident, they make a determination whether they believe somebody was driving recklessly. A seasoned attorney could review the evidence and build a defense to fight against the allegations of reckless driving by danger to life, limb, or property.
How a Columbia Reckless Driving by Danger to Life, Limb, or Property Lawyer could Help
Individuals should hire a lawyer instead of fighting the charges alone. Individuals should hire a lawyer because reckless driving is a misdemeanor offense which carries a maximum punishment of up to 30 days in jail. Also, a conviction for reckless driving has collateral consequences such as adding six points on their driver’s license, which could result in having their insurance company raise their rates or even drop them. Additionally, they have the criminal record part of it as a misdemeanor. If an individual has died due to the dangerous driving, they could be charged with reckless vehicular homicide which is a felony offense with a maximum punishment of ten years and a revocation for five years of their driver’s license if convicted.
Since the consequences of a conviction are dire, it is best to seek help from a diligent reckless driving attorney as soon as possible. They could review the evidence and help you understand the Columbia reckless driving by danger to life, limb, or property laws. Call today to learn more about how an experienced attorney could help your case.