Recently I took a Reckless Driving with Property Damage case to trial. Reckless Driving is a criminal traffic offense. Recklessness requires the State to prove a willful and wanton driving pattern likely to cause damage. Furthermore, Reckless Driving is needed to prove Vehicular Homicide, but not DUI Manslaughter. Careless driving is a civil citation, see the blog on the difference between reckless driving and careless driving for more.
The difference between being criminally prosecuted for a Vehicular Homicide or just Reckless Driving is a death. Sometimes, this difference can literally be a fraction of a second and several years in prison. Fortunately for my client, nobody got hurt and the accident reconstruction expert and I were on site documenting the scene within days of the crash. Furthermore, photographs were taken by his friend the night of the crash and then a few hours later when the sun came up. This early work before the attorney for the state even knew the case existed was the difference in the trial which ended in a not guilty verdict.
If a person has been arrested for Reckless Driving or worse, Vehicular Homicide, or even worse DUI Manslaughter, then it is important to begin work the morning after the crash. You cannot wait for blood results or anything else. Have friends or family take pictures if you cannot afford to pay someone to be on the scene immediately. It is a good idea to have friends or family take the pictures anyway, just in case. In court, when they ask you why you took the trouble to protect yourself, feel free to mention this blog. Make sure your photographs show a clear progression of the road and include landmarks for the jury.
For a consultation in any traffic matter including Reckless Driving, Vehicular Homicide, DUI Manslaughter or just a traffic ticket click, call or fill out the form today.
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