Monday, June 4, 2012

Boise Criminal Lawyers - Reckless or Inattentive Driving? (208) 472-2383

Reckless Driving in Idaho
As a Boise Criminal Lawyer I often get calls from potential clients who have been charged with reckless driving.  Often they can't believe what they have done is reckless and they want to know, what, if anything can be done.

The Idaho Code defines reckless driving as driving carelessly and heedlessly in a manner where someone is endangered or likely of being endangered.  Speeding though a school zone is a superb example of reckless driving.  However, is all speeding through a school zone reckless?  The Idaho Code also provides for the lessor charge of inattentive driving.  One could imagine a scenario where school is out for the summer and you are "speeding" 5 miles above the speed limit at midnight in a school zone.  If you are charged with reckless driving, it is likely that your criminal attorney can get that reduced to an inattentive driving charge or get you off all together.


Is it better to have an inattentive driving charge rather than a reckless driving charge?
Just by the very nature of the definition, it is obvious that you would be better off being charged with inattentive driving rather than reckless driving.  A first time reckless driving charge is a misdemeanor punishable by a maximum of 6 months in jail or a maximum $1,000 fine or both.  Inattentive driving, on the other hand, carries a maximum 90 day jail sentence or a maximum $300 fine or both. 

What happens if you are charged with reckless driving but you have proof that you weren't driving recklessly?
If this happens before trial he prosecuting attorney's office has a little device they use in these situations.  The state's attorneys will amend the complaint against you.  Basically, this means they change the charge from the greater one to the lessor one.  If, at trial, however, the state is not able to produce enough evidence, or if in pretrial motions, your criminal lawyers are able to quash condemning evidence, you will not convicted of reckless driving.

If you have been charged with reckless or inattentive driving or any other crime in Idaho, including DUI or DWP, give us a call and see what our Boise Criminal Lawyers can do for you.  (208) 472-2383.

3 comments:

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