If you’ve ever seen the flashing red and blue police lights in your rearview mirror, you may not expect to get arrested after you pull over. However, if the police officer determines your behavior on the road amounts to reckless driving, you may end up in the back of a police car.

Reckless driving is a crime in Utah that can lead to serving time behind bars. However, a competent attorney can help you mitigate your punishment. In certain cases you may not serve any jail or prison time at all.

What Counts as Reckless Driving in Utah?

In Utah, reckless driving is defined by driving in a manner that is unsafe to other people on the road. Specifically, it’s when a police officer catches you violating three or more traffic violations within three miles. These violations can include a number of things including speeding, not wearing a seatbelt, or not following right-of-way rules at a stop sign.

There is one instance where you can get charged with reckless driving for doing nothing else but speeding. This would happen if you are going 105 miles per hour or more.

Legal Consequences of a Reckless Driving Charge

Reckless driving is a class B misdemeanor. This means possible jail time of up to six months and fines of up to $1,000. 

However, that’s only in a worst case scenario. Even if you are guilty of the crime, a competent lawyer can help you make a plea deal that makes it so you serve little-to-no jail time. Instead of going behind bars, you might end up serving probation. 

This means you can live a normal life as long as you meet certain conditions. Those can include agreeing to visitations from your probation officer, not owning a firearm, and submitting to searches if there’s reasonable suspicion that you aren’t being compliant.

Societal Consequences of Reckless Driving

Some consequences of a reckless driving conviction go beyond potential punishments through the legal system. One of them is employment. Some jobs require you to submit to a background check. While not every employer will pass on hiring you over this, you may be losing out on opportunities you may have had otherwise.

Another consequence is through your insurance. Any traffic violation can mean paying more in your premiums for the next three-to-five years, but for reckless driving, you can see them raise by as high as 82 percent. 

Expungement Options for Reckless Driving

Fortunately, the consequences of having reckless driving on your record don’t necessarily last forever. Utah has a Clean Slate law, which automatically expunges most crimes from your record. This means when someone does a background check on you, the reckless driving conviction won’t show up.

In order to qualify for expungement, you have to have served whatever sentence you were given, paid all restitution and fees that you owed, and waited a specified period of time without committing a crime. For class B misdemeanor reckless driving, that period is six years.

The Clean Slate law is relatively new, and the courts are behind on granting the automatic expungements. If you qualify for an expungement, but you still see it on your record, a good defense attorney — like the ones at Brown, Bradshaw & Moffat — can help you expedite the process.

Legal Defenses For a Reckless Driving Charge

Pleading guilty isn’t your only option when you receive reckless driving charge. It is possible to fight it, especially if you have a good lawyer by your side. The best legal strategy will completely depend on the circumstance, but here are a few examples of what your lawyer may do:

• Look for holes in the evidence: The prosecution’s case against you is only as strong as the evidence that’s collected. If your lawyer can prove that what they found isn’t good enough, your case may get dismissed.
• Point out extenuating circumstances: If you have a good excuse for your erratic driving, your lawyer can point it out. For example, you were going to the hospital after a family member got into an accident or you were on the phone to report possible criminal activity you saw on the road.
• Bring procedural errors to the forefront: Any evidence that is used against you in court has to have been collected using legal means. If investigators violated your rights in any way — such as searching your property without your permission, a warrant, or probable cause — your attorney can point that out.

Importance of Letting Your Lawyer Handle the Defense

It’s important to note that it’s your attorney who should handle the legal strategy for you. The legal process is a minefield. If you do anything wrong, that can really hurt your defense. You may think that your case is completely winnable, but unless you’re a practicing attorney, you probably don’t have enough experience to know for sure. 

A good attorney will know whether the evidence against you is flimsy enough to poke holes at or if you’re better off making a plea deal. Ultimately, it’s your decision, but you should take your lawyer’s opinion on the case very seriously.

What You Should Do If You’re Arrested For Reckless Driving

There are two basic things you should do if you’re arrested for any crime, including reckless driving: stay silent, and comply with police. If you think the police are making a mistake, it’s very unlikely you’ll be able to convince them right there. Instead, let the arrest happen, let them process you, and call a lawyer as soon as possible.

If police ask you any questions about the case, your answers can be used against you in court, whether you’re innocent or not. Your lawyer can sort it all out and make sure you get the best outcome possible.

What to Look for in a Lawyer

The lawyer you hire should be someone who has a lot of experience defending the type of crime that you are accused of. For reckless driving, you should look into Kristin Wilson. She’s a great attorney who has been helping people with motor vehicle related crimes for years. 

To get started with her, fill out this form, and tell us about your case.