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Can Reckless Driving Be Proven?

undefinedReckless driving is a misdemeanor offense, and as such, when charged, you should be warned of your “right to remain silent and to have an attorney present during questioning.”

Regardless of your belief of innocence, use your rights. Yes, you are “innocent until proven guilty beyond a reasonable doubt.” However, “everything you say can and will be used against you in a court of law.” 

Often, individuals charged with a traffic violation think they can talk their way out of a ticket or tell the law enforcement officer (LEO) precisely what happened, hoping the LEO will go easy on them or reduce the charge. Don’t bet on it, and if you open your mouth and make a statement without first consulting an attorney, you will lose more often than win.

Give your lawyer a fighting chance; exercise your “right to remain silent.”

How Can an Attorney Prove I Was Not Guilty of Reckless Driving?

Your attorney does not have to prove anything. The burden of proof is on the state. The DA and the arresting officer will gather evidence and present that to the judge. Your attorney has a right to view all the evidence they will present to build your case for “not guilty beyond a reasonable doubt.”

CA Vehicle Code (CVC) Section 23103 (a), Public Offenses warns that “A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”

Your attorney will attempt to show that your actions while driving were not a “…willful or wanton disregard for the safety of persons or property…” Even in  a case where your actions were a threat to public safety, the state must show that you were aware of the risks, you ignored those risks, and your actions were “willful or wanton.”

By making a statement or answering the DA or other court officials’ questions, you may unintentionally give them ammunition to convict you.

The state must prove beyond a reasonable doubt you drove on a highway or in a public parking facility with a willful intent or wanton disregard. Reckless driving is a severe charge with grave consequences, such as a base fine of $145 to $1,000, imprisonment from five to ninety days in county jail, or both.  

You must take this charge seriously, as you can bet the state will. You need to consult with a traffic attorney with criminal court experience; you need Bigger & Harman, APC. 

Contact Bigger & Harman, APC Before Making a Statement to a Court Official 

When you are charged with reckless driving, you should receive and respect your Miranda warning because it is a misdemeanor crime; call Bigger & Harman, (661) 349-9300, before you make any statement to the arresting officer or an officer of the court. Se habla Español (661) 349-9755.

Syed S., of Bakersfield, CA, commented on Yelp“Best firm in the town. Has saved me on numerous occasions. I would recommend anyone I care about because I know this firm always gets the job done and comes out with great results...!! Highly recommended...”

Email: attorney@biggerharmanlaw.com

References:

The 2020 CA Driver Handbook.pdf

CVC Section 23103 (a), Public Offenses