Reckless driving is a serious offense under Title 75 of the Montgomery County motor vehicle statute. Anyone charged with reckless driving in Montgomery County should immediately consult with a traffic offense lawyer.
Reckless Driving (75 P.S. § 3736)
The reckless driving law prohibits anyone from driving a vehicle with willful or wanton disregard for the safety of persons or property.
Grading and Penalties
Reckless driving is a summary offense. Upon conviction, a person will be subject to a fine of $200.00. In addition to a fine, a person may be incarcerated for up to 90 days. A person is also subject to a possible license suspension of 6 months for a first offense.
PENNDOT Administrative Hearing
When someone is convicted of reckless driving, PENNDOT will schedule a hearing to
determine whether and for what duration the individual’s license should be suspended.
Drivers that attend the hearing should come prepared with a strong defense strategy in order to receive reduced points, prevent suspensions, or become eligible for a hardship license.
Strategies to consider include pleading to a lesser offense that will not cause incarceration or license suspension. This must be done carefully because a lesser offense may cause 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.
Another strategy to consider is to fight the charge with an experienced attorney. Reckless driving requires the Commonwealth to prove that the driver grossly deviated from ordinary prudence creating a substantial risk that property damage or personal injury will follow. It also requires that the driving reflect a conscious disregard for the danger being created by the 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.
Benefits of Hiring an Attorney
Experienced attorneys can give the client an honest assessment of the merits of the charges and the likelihood that a Judge in the magisterial district court will find for the Commonwealth and against the defendant. Bringing an attorney with you to court will also significantly increase the likelihood that a plea deal can be reached to avoid a license suspension. An attorney can also help with expungement of the charges after five years have passed.
The Martin Law Firm, P.C.
If you have been charged with reckless driving, contact an experienced attorney at The Martin Law Firm, P.C. to discuss your case. Our attorneys are available at 215-646-3980.