Wheeling Reckless Driving Lawyer

Reckless Driving Attorney in Wheeling, WV

Reckless driving cases are subjective. Maybe you’ve spent the day at the Wheeling Island Racetrack or Oglebay Good Zoo, and your high spirits leave you distracted, resulting in a failure to signal or illegally overtaking another vehicle. A Wheeling, WV, reckless driving lawyer can review your case and offer the next steps.

Reckless Driving Attorney From Meadows Law PLLC

A reckless driving conviction can have a lasting negative impact on your driving record. At Meadows Law PLLC, our experienced reckless driving lawyers understand the importance of keeping a clean driving record. Reckless driving cases can be complicated. If it was your car but you weren’t the one driving, or if you were driving recklessly for a necessary reason, having a good defense can protect you from having an unnecessary criminal record.

What to Do if You Are Pulled Over for Reckless Driving

It can be challenging to stay calm and rational when charged with an offense such as reckless driving. However, being emotional or arguing with the police officer is likely to only make things worse. With 4.5 reckless driving deaths per 100,000 residents in the state between 2018 and 2022, it is understandable that West Virginia wants to crack down on reckless drivers.

Here’s what you should and shouldn’t do if you’re pulled over and charged with reckless driving:

• Remain calm and cooperative. Provide the required documentation and follow any instructions.
• Do not admit guilt or say you were driving recklessly. You do not want to incriminate yourself.
• Gather evidence. Collect witness statements of passengers or other people who saw the incident, dashcam or other video evidence, and document weather conditions or any other circumstances that influenced how you were driving.
• Do not miss any court appearances. The only way to create a proper defense is by being present and prepared.

Reckless Driving Defenses That Work

If you are charged with reckless driving, proving your innocence can be difficult. Depending on the facts of your case, one of the following strategies could be the right defense for you:

1. You were not the one driving your car. This strategy works if you loaned your car to someone else on the day and time in question, if you were a passenger in the car, or if the actual driver claimed to be you.
2. You may have been driving poorly, but not to the level that would warrant a reckless driving charge. This strategy works by proving you were merely negligent, speeding, or made a bad decision without wanton disregard for others.
3. You were driving distracted. To prove reckless driving, it must be shown that you knowingly behaved in a way that could’ve harmed others. If you are distracted, you may be driving poorly but not recklessly.
4. The radar gun was used improperly or was malfunctioning. If you’re charged with reckless driving because of your speed, this strategy involves showing that the radar gun was not maintained properly or the officer was not trained properly.
5. Show that you were driving recklessly out of necessity. If you were experiencing an emergency, there may be a good reason why you were reckless.

Reckless Driving Defenses That Don’t Work

Having a strong defense for a reckless driving charge can help prevent jail time, hefty fines, points on your driving record, and a possible suspension of your license. It can be tempting to blame road conditions for your behaviors, but these defenses seldom work:

1. Claiming you were only driving with the flow of traffic. Blaming your actions on the fact that everyone was acting the same way is unlikely to get you out of a reckless driving charge.
2. Claiming you should not be charged because other drivers were not cited after doing the same actions. Asking for your charges to be dropped because others have gotten away with the same behaviors has little chance of working.
3. Claiming the officer cited you when they were actually observing another vehicle. Unless you have physical evidence that you were not engaging in the ticketed activity, the court is likely to believe officer testimony.
4. Claiming you were having a bathroom emergency. Unless you were having a medical emergency and can prove you sought medical attention, the excuse that you needed to use the restroom is unlikely to sway a judge.

FAQs

What Actions Are Considered Reckless Driving in Wheeling, WV?

There are a number of actions in Wheeling, WV that are considered reckless driving that can result in a reckless driving charge, as well as excessive speeding, driving faster than is safe for traffic or road conditions, road racing, improper signaling, and illegal passing or overtaking. Additionally, any deliberate or malicious disregard for the safety of others can be considered reckless driving.

What Is the Penalty for Reckless Driving in Wheeling, West Virginia?

According to the West Virginia Code §17C-5-3, the penalty for reckless driving in Wheeling, West Virginia is a misdemeanor charge. For a first offense, the penalty is five to 90 days in jail and a fine between $25 and $500. A subsequent offense is subject to ten days to 6 months in jail and a fine between $50 and $1,000. If you cause serious bodily injury to another, penalties can be more severe.

Is It Better to Plead Guilty to Reckless Driving in Wheeling?

No, it is not better to plead guilty to reckless driving before you have had your case reviewed by a qualified Wheeling reckless driving attorney. Reckless driving laws vary and leave room for interpretation. A conviction can result in fines, jail time, driving record points, or suspension of your license.

What Happens if I Receive Points on My Driving Record in Wheeling, West Virginia?

When you accumulate too many points on your driving record over a two-year period, your license can be suspended. According to the West Virginia Division of Motor Vehicles, 12 to 13 points can result in a 30-day suspension, 14 to 15 points can result in a 45-day suspension, 16 to 17 points can result in a 60-day suspension, 18 to 19 points can result in a 90-day suspension, and 20 or more points can result in a 120-day suspension.

Hire a Reckless Driving Lawyer

A reckless driving lawyer can help you challenge a reckless driving charge to prevent long-lasting consequences. Our skilled attorneys can challenge the evidence, negotiate with the prosecution, and help protect your driving privileges. Contact Meadows Law PLLC for a confidential consultation.