Do I Need an Attorney for a Reckless Driving Charge? A Minnesota Criminal Defense Attorney Explains

If you have been charged with reckless driving in Minnesota, you may be wondering what you should do. Should you just pay the fine? Should you act as your own lawyer? This blog post will explain some of the basis of a reckless driving charge, what your rights are, and what you should do going forward.

Explanation of Reckless Driving Charge

Reckless driving is defined by statute. Minn. Stat. § 169.13. There are two primary ways that reckless driving is charged. First, it is alleged that you were racing on a public street or highway. Second, it is alleged that while driving you took, “a substantial and unjustifiable risk,” that may result in harm to another or their property. Those are the legal definitions. In theory, you will only be charged if your conduct fits within those definitions. In practice, it can be very different. Some state troopers say that they issue reckless driving citations to every one they stop going 90 mph or over. Other state troopers say they issue citations to those going 20 mph over the speed limit. Neither of those justifications are a part of the statute. If you were pulled over based on the trooper’s policy rather than what is included in the statute, this may create a good defense in your case.

Is Reckless Driving a Crime?

Contrary to what some people think, reckless driving is a crime. Just because you received a citation, instead of a formal complaint, doesn’t mean that the charge isn’t a crime. Speeding infractions and parking tickets are typically petty misdemeanors, and not a crime. But reckless driving are charged out as misdemeanors or gross misdemeanors, depending on the circumstances. If you are convicted of reckless driving, it will not just go on your driving record, but it will be included in your criminal history as either a misdemeanor or gross misdemeanor conviction.

What are my rights? Can I defend myself?

You have the right to defend yourself of any crime you are charged with in the United State of America. But the question of whether it is wise to defend yourself is a different question. In an ideal world, you would be able to represent yourself, and no judge or prosecutor would take advantage of your lack of knowledge of the criminal justice system or the long term consequences of your plea. The problem is that it is in the prosecutor’s interest to get you to plea to the highest charge they can get you to plea to. And the judge is not there to defend you against the prosecutor, but merely to be a neutral arbitrator. If you don’t want a reckless driving conviction on your record tripping you up, it’s advisable to talk to a criminal defense attorney. Criminal defense attorney have knowledge of the system, know when prosecutors are giving bad offers, and know how to leverage the system to advocate for the best possible solution for their client.

Conclusion

If you are charged with reckless driving, you don’t want to get tripped up by a criminal justice system that leaves you with a criminal conviction. Contact Subzero Criminal Defense for a free consultation. 651-248-5142