Reckless driving varies by jurisdiction and can be a traffic or criminal offense. It involves disregarding the safety of others while driving. Contesting a reckless driving ticket requires notifying the court in writing and appearing in court. Penalties include probation or suspension of driving privileges.
The precise definition of what constitutes reckless driving will vary by jurisdiction. In some jurisdictions, reckless driving falls under the scope of traffic offences, while in others it may be charged as a criminal offence. If the violation is considered a traffic offence, the offender will normally be issued a reckless driving ticket or citation in lieu of being taken into custody and arrested. If the recipient of a reckless driving ticket wishes to contest the violation, he must notify the court in writing that he is contesting the ticket and then appear in court and defend his actions.
While the definition of reckless driving may differ somewhat from one jurisdiction to another, in most cases it includes wanton and/or intentional disregard for the safety of others while operating a motor vehicle. In many jurisdictions, the state of mind of the driver is an element of the violation or crime. In some cases, however, certain actions are automatically considered reckless driving, such as driving a certain speed over the posted speed limit or racing.
In jurisdictions where a driver receives a reckless driving ticket, the first thing they must do if they dispute the ticket is to carefully read the entire ticket, front and back. In most cases, the information a driver needs to dispute the ticket can be found on the ticket itself. In particular, the driver should look for the court date assigned to the reckless driving ticket, the length of time within which the driver must notify the court of his intention to contest the ticket, and the address to which notification must be sent. In almost all cases, contesting a fine for reckless driving cannot be done by telephone.
Once the driver has determined where to send notification of his intention to contest the ticket, he must fill out the appropriate portion of the ticket or prepare a notice to the court indicating his intention to contest the ticket. The note or notice must be sent to the court by certified mail or registered mail. A copy should also be sent to the prosecutor’s office that handles traffic court cases.
The driver must then appear in court at the time and date set by the court for a trial. The driver can come with or without a lawyer; however, if the driver shows up without a lawyer, he is still required to understand the elements of the violation and be able to defend himself in court. If found guilty of reckless driving, common penalties include probation or suspension of the driver’s driving privileges.
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