How Can a Reckless Driving Charge Be Reduced or Dismissed?

 Posted on October 30, 2024 in Traffic Violations

Reckless driving is a serious crime in Illinois that can result in jail time, fines, and driver’s license suspension. Under Illinois law, reckless driving is defined as driving with a conscious disregard for the safety of others or trying to make a car go airborne. The first definition is fairly broad and the prosecution must prove beyond a reasonable doubt that you willfully disregarded the safety of others. In some cases, your Illinois criminal defense attorney may be able to reduce the charge or have it dismissed altogether. This article will discuss when that can be done and the penalties for a reckless driving charge.

What Are the Penalties for a Reckless Driving Charge?

The penalties for reckless driving vary depending on the circumstances. For example:

• At its base level, reckless driving is a Class A misdemeanor, which carries up to 364 days in jail and a fine of up to $2,500.
• If the driver caused bodily harm to a child or school crossing guard on duty, it is a Class 4 felony, which carries one to three years in jail and a fine of up to $25,000.
• It is also a Class 4 felony If the driver causes serious injuries or permanent disfigurement to anyone.
• If the driver caused serious injury or permanent disfigurement to a child or school crossing guard on duty, it is a Class 3 felony, which carries a prison sentence of five to 10 years and a fine of up to $25,000.

A reckless driving conviction will also result in a point on the driver’s license. If the driver is under 21 or already has two points on his or her license, the license may be revoked.

How Can a Reckless Driving Charge Be Reduced?

Depending on the circumstances, your attorney may be able to negotiate with the prosecution to reduce the charge to a lesser one, such as speeding. This becomes more likely if:

• This was your first offense.
• There is little evidence that you were disregarding the safety of others.
• There were no aggravating factors, like injuries to children or school crossing guards.

When Can a Reckless Driving Charge Be Dismissed?

Sometimes, a reckless driving charge can be dismissed altogether if:

• There is no evidence of your behavior.
• Law enforcement violated your rights or mishandled evidence.
• You had a valid reason for your driving behavior, like trying to avoid or respond to an emergency. 

Any of these defenses will require evidence, which your attorney can help you gather and prepare for the court.

Contact a DuPage County, IL Reckless Driving Defense Attorney

Getting a reckless driving charge reduced or dismissed is not an easy task, which is why you should consult an experienced Kane County, IL criminal defense lawyer. At Law Office of Patricia Magaña, LLC, we will investigate your case thoroughly and examine all possibilities of a charge reduction or dismissal. We are committed to defending your rights and future with our extensive experience and broad knowledge of criminal defense law. Schedule a free consultation by calling 630-448-2001 today.