Reckless Driving Law in Montgomery County

There are two basic elements for reckless driving: an actus reus of driving a vehicle and a mens rea of willful or wanton disregard for the safety of persons or property. Experience criminal defense lawyers may try to distinguish between “conscious disregard” and “careless disregard”. Failure of the prosecution to prove “conscious disregard” will result in an acquittal of the charge of reckless driving. There are many acts or incidents that can cause an officer to charge an individual with reckless driving; however, not all of the acts or incidents rise to the level that is needed in order to prove each element of the offense. For example, driving under the influence of alcohol or a controlled substance or speeding do not automatically establish recklessness.

Other strategies to consider include pleading to a lesser offense such as careless driving. A careless driving plea will not cause an automatic license suspension. Pleading to a lesser offense must be done carefully since lesser offenses may carry points to be assessed by PennDOT. If an individual receives too many points, then the individual may still face a license suspension after a PennDOT administrative hearing.