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What are some defenses against reckless driving?

On Behalf of | Mar 4, 2022 | Traffic Violations |

Traffic laws exist to avoid harm to others, which is why anyone in Hawaii can get a criminal charge if they violate the law. However, people with a reckless driving charge can avoid the penalties of a conviction if they prove that they committed the offense for a good reason.

What is reckless driving?

Reckless driving is more than a minor traffic violation. It is a misdemeanor that can send a person to jail and leave them with a permanent criminal record. There is not one thing that counts as reckless driving. Various traffic offenses can make a person face a reckless driving charge. A person commits the act of reckless driving in Hawaii when:

  • They drive with disregard to the potential dangers
  • They drive in a manner that creates a risk to others
  • They drive the wrong way
  • They drive at an excessive speed

A conviction for reckless driving can have hard consequences, including a fine of up to $1,000 and a sentence of up to 30 days in jail. Additionally, a person can face a license suspension of up to six months if the court or the Department of Transportation orders it.

Possible defenses

There are many different ways a person can fight a reckless driving charge. A person accused of this offense can defend themselves by saying that it wasn’t them who the police saw. They can also say it was necessary to drive recklessly to avoid a severe accident or save a life. The court would also drop someone’s charges if they committed the offense because something urgent required their attention. Lastly, another possible defense would be if the device to measure the speed was not calibrated.

The right to speak out in court

A criminal charge does not necessarily lead to a conviction. Everyone with a criminal charge has the opportunity to prove their innocence before the court convicts them. If this is your case, remember that you could avoid a conviction with a strong defense in court.