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Getting Philadelphia Reckless Driving Charges Dismissed
|Last Updated on: 6th December 2023, 11:03 pm
Getting Philadelphia Reckless Driving Charges Dismissed
So you got slapped with a reckless driving ticket in Philly? Don’t freak out. While reckless driving charges aren’t something to take lightly, there are defenses that a skilled attorney can use to get them reduced or even dismissed. This article will break down some of the common defenses used and what you need to prove to beat reckless driving in Philadelphia.
What Constitutes Reckless Driving in Philadelphia
First things first – what exactly is reckless driving under Pennsylvania law? Well in Philly, you can be charged with reckless driving for things like:
- Going 20mph or more over the speed limit
- Running red lights or stop signs
- Passing vehicles in an unsafe manner
- Weaving through traffic
- Racing or drag racing
- Doing stunts like donuts in an intersection
Basically anything that shows a “willful or wanton disregard for the safety of persons or property.”
Fines range from $200-$1,000 for a first offense plus 5-6 points on your license. And it’s a misdemeanor criminal charge, so you could even get jail time in extreme cases!
Why Getting a Reckless Driving Charge Dismissed is Critical
Now you probably understand why having a reckless driving conviction is something you’ll want to avoid at all costs. Those high fines and points will wreak havoc on your insurance rates for years. We’re talking potential thousands more per year even for a first offense.
And if you drive for work – like a truck driver or Uber driver – a reckless driving conviction could legit get you fired. Most company policies prohibit drivers with major moving violations.
So getting the charges dismissed completely is really the best case scenario. Even if you plead down to a lesser offense like careless driving, you’ll still get points and a big insurance hike.
Common Defenses Against Philadelphia Reckless Driving Charges
Alright, now onto the good stuff – how do you actually beat one of these reckless driving tickets?
Well, there’s no one size fits all approach here. The best defense really depends on the specifics of your case and where you were cited for reckless driving in Philadelphia.
But generally speaking, here are some of the more common defenses used:
The Officer Didn’t Follow Proper Procedure
One angle of attack is to argue there were procedural problems with how you were cited for reckless driving. Like maybe the cop didn’t have probable cause to pull you over in the first place. Or they failed to read you your rights.
This can work, but you better have hard evidence to back up any claims of improper procedure.
You Were Simply Driving Reasonably
Another common defense is to argue that while you may have committed a traffic violation, your driving did not actually rise to the level of reckless disregard for safety.
This is a very fact-specific defense that relies on testimony, evidence from the scene, and your driving history. A clean record helps.
You’ll want to emphasize any circumstances that mitigate your behavior, like bad weather or poor road conditions. The argument is basically that you reacted reasonably given the situation.
It Was an Emergency Situation
If you were driving recklessly in response to an emergency, that can also excuse otherwise reckless behavior.
So if you had to rush your pregnant wife to the hospital or swerved to avoid a child running into traffic, an emergency defense might get the charges dismissed.
You just need to prove there was a true emergency and your driving was necessary to prevent further harm.
You Simply Made a Mistake
Another possibility is the “I’m only human” defense. We all make mistakes, right?
You would argue that while your driving wasn’t perfect, your reckless actions were merely the result of momentary negligence or carelessness. Not an ongoing pattern of unsafe driving.
This defense also works better if you have a clean prior record. It’s a lot easier to chalk something up as a one-off mistake versus part of larger behavioral problems.
Getting an Experienced Lawyer is Critical
As you can see, defending against reckless driving charges requires nuance and experience. There are factual, procedural, and technical angles to cover.
Having a lawyer who understands these defenses – and knows which ones apply to your specific situation – is really important. An experienced reckless driving attorney can review the evidence and police reports to spot potential issues.
They also know how to negotiate with judges and prosecutors to get charges reduced or dropped completely. Which saves you money, stress, and insurance headaches down the road.
So if you received a reckless driving citation anywhere in Philadelphia, don’t just pay the fine and take the points. Consult with an attorney first about potential defenses. It costs nothing for that initial consultation.
And driving records are confidential, so you don’t have to worry about employer backlash while the charges are pending.
Hopefully this gave you a better understanding of how reckless driving charges can be beat in Philadelphia. Traffic laws here are complex, but the right legal strategy can help get tickets dismissed. Don’t hesitate to reach out to an attorney to explore your options.