| Reckless driving is an offense we don't see a lot in | | | | alone is not enough for a reckless driving charge, |
| New York State. We understand it is more common | | | | including People v. Von Matt, 304 NY 763 (1952) and |
| in some other states, where a speed over a certain | | | | People v. Lamphear, 35 AD2d 305 (3rd Dept 1970). |
| amount can be an automatic reckless driving. New | | | | The officer must allege more than speeding - |
| York law requires something more than just speed | | | | something to show interference with others using |
| to sustain a charge of reckless driving. | | | | the roads, or creating an unreasonable danger. So |
| The statute, Section 1212 of the Vehicle and Traffic | | | | going 70 in a 30 is not enough, but going 70 in a 30 |
| Law, defines reckless driving as follows: | | | | while intoxicated and with pedestrians nearby would |
| Reckless driving shall mean driving ... in a manner | | | | probably be more than sufficient. We recently had a |
| which unreasonably interferes with the free and | | | | case where the speed was somewhat high, maybe |
| proper use of the public highway, or unreasonably | | | | 92 in a 65, and the officer alleged that there was |
| endangers users of the public highway. | | | | heavy snow falling. We didn't think that would fly, |
| The most common situation where we see reckless | | | | and we had some disagreement with the prosecutor |
| driving is where the defendant was driving at a high | | | | on that, but the deal that was offered was good |
| rate of speed, typically over 100 mph, and the speed | | | | enough that our client took it. |
| is the only basis the officer puts in the paperwork to | | | | Since reckless driving is a misdemeanor - a crime - |
| support the charge. There are a number of cases | | | | we recommend that people hire a lawyer. |
| where the New York courts have held that speeding | | | | |