Reckless Driving and Speeding in New York State

Nys Attorney Directory - Reckless Driving and Speeding in New York State

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Reckless driving is an offense we don't see a lot in New York State. We understand it is more base in some other states, where a speed over a distinct amount can be an automatic reckless driving. New York law requires something more than just speed to sustain a payment of reckless driving.

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The statute, Section 1212 of the car and Traffic Law, defines reckless driving as follows:

Reckless driving shall mean driving ... In a manner which unreasonably interferes with the free and proper use of the group highway, or unreasonably endangers users of the group highway.

The most base situation where we see reckless driving is where the defendant was driving at a high rate of speed, typically over 100 mph, and the speed is the only basis the officer puts in the paperwork to sustain the charge. There are a amount of cases where the New York courts have held that speeding alone is not adequate for a reckless driving charge, together with citizen v. Von Matt, 304 Ny 763 (1952) and citizen v. Lamphear, 35 Ad2d 305 (3rd Dept 1970).

The officer must claim more than speeding - something to show interference with others using the roads, or creating an unreasonable danger. So going 70 in a 30 is not enough, but going 70 in a 30 while intoxicated and with pedestrians around would probably be more than sufficient. We recently had a case where the speed was somewhat high, maybe 92 in a 65, and the officer alleged that there was heavy snow falling. We didn't think that would fly, and we had some variation with the prosecutor on that, but the deal that was offered was good adequate that our client took it.

Since reckless driving is a misdemeanor - a crime - we propose that citizen hire a lawyer.

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