If you were cited with Reckless Driving, otherwise known as Vehicle & Traffic Law ("VTL"), § 1212, you can contact the Benjamin Goldman Law Office. We are a New York State traffic ticket defense firm, and our attorneys have successfully adjudicated many Reckless Driving charges. A partial list of courts where we handled Reckless Driving cases includes Brooklyn, Queens, Manhattan, Shandaken, Woodridge, North Hudson, Wayland, Bolton, Warsaw, and Owego. The Benjamin Goldman Law Office provides free consultations with an attorney for any Reckless Driving case. We can be reached at your convenience and will be glad to help.
VTL 1212, Reckless Driving, is one of the most serious charges you can incur at a traffic stop. Reckless Driving is a Misdemeanor criminal offense, and if you plead guilty or are found guilty, you are subject to thirty days in jail and a permanent criminal record.
Reckless Driving is a unique charge because it is only a criminal offense that also gives you points on your license (DWI and driving with a suspended license do not carry points). If convicted, you will get five points on your driving record. The maximum fine for a first-time offender is $300 + $93 mandatory surcharge.
The exact wording of the statute (New York Vehicle & Traffic Law § 1212) is as follows:
Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.
If you were charged with Reckless Driving, it is imperative that you contact an experienced traffic ticket lawyer. If handled properly, the charge can be reduced to a minor parking ticket or dismissed entirely. Very often, the charging instruments are prima facie insufficient. This allows a seasoned attorney to argue for the summons or ticket to be thrown out entirely. At minimum, it should give your lawyer the upper hand when negotiating for an advantageous plea offer. Attorneys are often allowed to appear in court in the place of their clients as long as the case is not going to trial
New York does not set a specific speed (e.g., mph) for reckless driving. Under VTL § 1212, reckless driving is defined by conduct—driving in a manner that unreasonably interferes with or endangers users of the public highway. Speed can be a factor, but the charge is conduct-based; there is no mph threshold. In practice, driving well over the limit (e.g., 30+ mph over) may be charged as reckless, but the statute does not require a set speed.
Questions? Thoughts? Let us know down below!
How can a reckless driving charge for a minor in a private parking lot be contested in New York?
I was ticketed in Ohio about a year ago for driving 100 in a 70 while I was away from New York. It was listed as reckless driving, but only as a minor misdemeanor. Could that keep me from being allowed into Canada? I have received conflicting information about whether this counts as a criminal record.
You should consult a Canadian immigration attorney. My guess is that it probably will not affect your entry, but Canadian counsel should confirm that.
Reckless driving after turning around on a one-way street I recently moved to the U.S. from Italy, although I am a U.S. citizen and have a passport. While driving in NYC, my GPS sent me onto a one-way street. As soon as I noticed, I tried to make a U-turn, but an officer stopped me with several cars nearby. The officer checked my license and registration and gave me a court ticket for reckless driving. I hired a lawyer for $900, which seems expensive to me. Is it worth having an attorney for this?
That fee is not excessive. Reckless driving is a criminal charge.
I missed a criminal court date for a reckless driving ticket I got in 2018, and when I was stopped a few days ago, the officer said there is a warrant for me. I have been trying to get this taken care of, even tried to turn myself in, but I do not know what else I am supposed to do. I am supposed to fly to Miami next week. Can I still board the plane without having problems?
I would not expect an issue if your trip does not involve going through passport control. But you should work on having the warrant cleared. A lawyer may be able to appear in court for you and handle it without requiring you to go yourself.
I was given a pink summons for reckless driving after an illegal turn. The officer told me I need to appear in court within 10 days, although the court date listed is in December, and said there are no points. But when I looked it up, I saw that it may be 5 points. I am mainly worried that this could leave me with a permanent criminal record because I expect to apply for U.S. citizenship later this year. What should I do?
The officer appears to have given you bad information. Reckless driving is a serious charge: it is criminal and carries 5 points. You may want to speak with a traffic lawyer in the local area. A lawyer can appear in court for you and may be able to have the charge reduced to a non-serious violation.
If you or a relative was harmed by the reckless actions of a driver, you can contact the Sternberg Injury Law Firm for a consultation
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.
Benjamin Goldman Law Office
Sounds like there may be a good defense depending on the nature of the “private” parking lot. As this is a criminal charge, it is prudent to consult with an experienced traffic ticket attorney.