how to get a reckless driving ticket dismissed in nc

3 min read 31-01-2025

how to get a reckless driving ticket dismissed in nc

Getting a reckless driving ticket in North Carolina is a serious matter. It can lead to hefty fines, license suspension, and increased insurance premiums. This article explores how you might get a reckless driving charge dismissed in NC. However, remember that legal advice should come from a qualified NC attorney. This information is for educational purposes only.

Understanding Reckless Driving in NC

Reckless driving in North Carolina (N.C.G.S. § 20-149) is a serious moving violation. It's defined as driving a vehicle with a willful or wanton disregard for the safety of persons or property. This differs from careless driving, which is a less serious offense. Examples of actions that might lead to a reckless driving charge include:

Speeding excessively
Driving under the influence (DUI)
Racing
Aggressive driving maneuvers (tailgating, weaving)
Running red lights or stop signs
Ignoring traffic signals

How to Fight a Reckless Driving Charge

Fighting a reckless driving ticket requires a proactive approach. Here are some strategies you might consider:

1. Gather Evidence

Obtain a copy of the police report: This is crucial. It details the officer's account of the incident. Note any inconsistencies or inaccuracies.
Collect witness statements: Did anyone witness the event who might support your version of events? Their testimonies can be valuable.
Review dashcam or other video footage: If you or anyone else had a recording device running, this could be strong evidence.
Check for errors in the citation: Sometimes, minor errors in the ticket itself can lead to its dismissal.

2. Negotiate with the Prosecutor

Contact the prosecutor's office: Explain your situation and see if a plea bargain is possible. This might involve reducing the charge to a less severe offense, resulting in a smaller fine and fewer points on your license.
Consider attending traffic school: This can sometimes be a condition of a plea bargain. It can reduce points and possibly keep the ticket off your driving record.

3. Go to Trial

Hire an experienced traffic attorney: A lawyer specializing in traffic violations understands the intricacies of NC law and can represent you in court. They can challenge the evidence presented and potentially get the charges dismissed.
Prepare your defense: This might involve presenting your own evidence (as mentioned above), questioning the officer's testimony, and pointing out flaws in their case. This is best done with legal counsel.

Specific Defenses Against Reckless Driving Charges

Lack of sufficient evidence: If the officer's evidence is weak or inconsistent, this could lead to dismissal.
Procedural errors: Mistakes in how the ticket was issued or handled can sometimes get it dismissed.
Improper calibration of radar or other devices: If the equipment used to measure speed wasn't properly calibrated, the evidence might be inadmissible.
Unreasonable speed: This is a contextual defense. Speeding may be reasonable under certain circumstances (e.g., evading a dangerous situation).

What to Expect if the Ticket Isn't Dismissed

If your reckless driving charge isn't dismissed, you'll face the penalties outlined in the citation, which may include:

Significant fines
Points added to your driving record (leading to potential license suspension)
Higher insurance premiums
Potential jail time (depending on the circumstances and any prior offenses)

Seeking Legal Counsel

Navigating the legal system in North Carolina can be challenging. A qualified attorney can provide personalized advice and help you understand your options. Consult with an experienced traffic attorney in your area to discuss your case and develop a strategy for dealing with your reckless driving charge. They can help you determine the best course of action based on your individual circumstances and the evidence available.

Disclaimer: This article provides general information and is not a substitute for legal advice. The laws concerning reckless driving can be complex. Consult a North Carolina attorney for advice on your specific situation.