South Carolina Reckless Driving Lawyer

A reckless driving offense is different from an ordinary speeding ticket. It is considered a criminal charge that could result in up to 30 days in jail. It also may result in steep fines and the potential revocation of your license to drive.

If you are facing charges of reckless driving, contact a South Carolina reckless driving lawyer today. An experienced defense attorney can begin working on your case to help you seek the best possible outcome for your given circumstances.

Defining Reckless Driving

According to South Carolina Code Section 56-5-2920, a person is driving recklessly if they operate a vehicle with willful or wanton disregard for the safety and property of others. For a first offense, an individual may receive a penalty of up to 30 days in jail.

A person convicted of reckless driving a second time will automatically have their driver’s license suspended for a period of three months. In determining whether someone has a prior offense, the court will only look at their DMV driving record.

Since the standard set forth in Section 56-5-2920 is quite subjective, a South Carolina reckless driving lawyer could argue that an individual’s behavior did not demonstrate a wanton disregard for another’s safety and property. Potentially, this could result in a positive outcome for the accused by mitigating the charges or having them thrown out.

Reckless Homicide Involving a Vehicle

If the death of another person results from a person’s reckless driving, they may face charges of reckless homicide. This offense has a maximum penalty of 10 years in a South Carolina state prison and a fine of up to $5,000. A reckless homicide charge may additionally result in a person’s driver’s license being revoked for up to five years.

After a person completes their jail time, pays their fine in full, and after one year from the date of the revocation, they can petition the court to provisionally reinstate their driver’s license. An individual is eligible for such a provisional reinstatement so long as the original incident did not involve driving under the influence of drugs or alcohol and the person’s overall driving record, attitude, habits, character, and driving ability would make it safe for them to return to the road.

If they do this, they must notify a representative of the deceased of their intent to have their driver’s license reinstated. If this person chooses, they can demand a formal hearing be held to consider the reinstatement. When no hearing is held, the court will weigh the evidence, any affidavits submitted on the matter, and the petition itself. Should a person whose driver’s license has been reinstated under this provision receive any moving traffic violation, their license will be suspended for the remainder of the original five-year period for which it was revoked.

Let a South Carolina Reckless Driving Attorney Help

A reckless driving charge should not be taken lightly. It can result in jail time and may adversely affect your driving record. In addition to receiving points on your license, a person’s insurance rates could see drastic rate increases.

If you face charges of reckless driving in any form, contact a South Carolina reckless driving lawyer. An attorney could make all the difference in the outcome of your case. Call today to schedule a consultation.