Saturday, July 19, 2014

I have been charged for a reckless driving citation and have a mandatory court appearance. I am 16 years old and have an otherwise clean rec...

Question

I have been charged for a reckless driving citation and have a mandatory court appearance. I am 16 years old and have an otherwise clean record. I do not believe I was ever clocked, and do not know my exact speed myself. I recently began driving a manual car (about a week) and was playing with the gears. I attempted to shift at high rpm, a considerably more difficult task to do smoothly than low rpm. Normally I shift from 2nd to 3rd at 20MPH and while playing with the gears i did not realize that red-lined in 2nd gear is around 50MPH. I believe i was traveling just under, or possibly 50MPH in a 25MPH zone. What I did was wrong and dangerous.. but is there a possibility that this charge may be reduced to a speeding ticket, which is an infraction rather than a misdemeanor.



Answer

I would definitely think there is a chance to avoid criminal conviction here. The law says that speeding is 'prima facie' evidence of recklessness; but that is far short of 'proof beyond a reasonable doubt'. If you are convicted of reckless driving, not only is it a crime on your record, but it also suspends your driver's license.

I recommend to talk to a lawyer who practices in the court where your case is filed, to make sure you get a good outcome.



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