Reckless driving in Oklahoma is a serious traffic offense. Its the kind of traffic offense that can have significant legal consequences. Not only can it cause your insurance to skyrocket a reckless driving conviction can hurt employment opportunities and cost you your freedom. In this article, we will explore what the State must prove for a reckless driving conviction, common defenses, and some potential punishments.
Reckless Driving in Oklahoma Explained
In Oklahoma, the law defines reckless driving using broad terms that allow certain discretion in its application. The crime involves operating a vehicle in a manner that demonstrates a willful disregard for the safety of others or property. Reckless driving charges generally look like a negligence charge. This is because the behavior they are calling reckless is wanton and has a general disregard for safety. This behavior can include a variety of dangerous acts behind the wheel, such as excessive speeding, weaving in and out of traffic, driving under the influence of alcohol or drugs, or engaging in other reckless maneuvers.
Defenses to Reckless Driving
If you received a charge of reckless driving in Oklahoma, there are several potential defenses that may be available to you:
- Lack of Intent: One possible defense is to argue that your actions behind the wheel were not willful or intentional. For example, if you have a momentary distraction or if you swerve to avoid an obstacle, you may be able to demonstrate that you did not act with reckless disregard for safety.
- Necessity: In some cases, drivers may be able to argue that their actions were necessary to avoid a greater harm. For instance, if you were speeding to get someone to the hospital in an emergency situation, you may be able to raise a defense of necessity.
- Mistaken Identity: If there is insufficient evidence to prove that you were the driver responsible for the alleged reckless behavior, you may be able to challenge the prosecution’s case by raising a defense of mistaken identity.
- Improper Police Procedure: If law enforcement officers did not follow proper procedures during the traffic stop or arrest, it may be possible to have evidence excluded from court or to challenge the legality of the stop altogether.
Potential Punishments In Okla.
In Oklahoma this traffic offense is a misdemeanor offense. If the charge can not be dismissed or reduced the particular circumstances of your charge impact the range of sentencing. This is also impacted by your prior diving record and if there is any personal injury to property damage. Thus, you may face a range of potential punishments, including:
- Fines: This violation is typically classified as a misdemeanor offense in Oklahoma, punishable by fines of up to $1,000.
- Jail Time: In addition to fines, individuals convicted of reckless driving may also face imprisonment for a period of up to 90 days.
- Driver’s License Suspension: A conviction for reckless driving can also result in the suspension of your driver’s license for a period of time determined by the court.
- Probation: In lieu of or in addition to fines and jail time, the court may impose a period of probation, during which you must comply with certain conditions, such as attending traffic school or refraining from further traffic violations.
- A conviction for reckless driving can add up to 8 points to your Oklahoma drivers license
Follow This Link To Find Other Communities We serve in Oklahoma
Traffic Ticket Attorneys In Tulsa You Can Count On
This kind of traffic offense in Tulsa is a serious and it can result in significant legal consequences. If you have been charged with reckless driving, it is essential to seek the advice of an experienced Tulsa traffic ticket lawyer who can help you understand your rights and options. A defense to this crime involves presenting all the facts to the judge and prosecutor in your case. Its not always about a trial and a jury. Sometimes its about your past record and a nuanced approach to getting a positive result. For a Free Consultation with a Traffic Ticket lawyer in Tulsa call the Tulsa Criminal Lawyers Law Firm at 918-416-0358 or click here to ask an online question.