Utah Reckless Driving Traffic Offenses
RECKLESS DRIVING LAWYER JAKE GUNTER
The costs of hiring a Utah reckless driving defense attorney could be more affordable than you think. Sometimes, the alleged reckless driving can be resolved down to a speeding violation at the first hearing. Utah does not count speeding violations on your criminal record.
Your attorney costs to hire a reckless driving attorney goes up when you need to conduct a jury trial. Most of the time, local prosecuting attorneys are not interested in a jury trial over a traffic offense because of the costs to the city.
SHOULD I HIRE A LAWYER FOR RECKLESS DRIVING?
Hiring the right Utah reckless driving attorney is very important. Hiring a Utah criminal defense attorney who has the skill to try a matter to a jury matters. Whether your driving conduct constitutes Reckless Driving is ultimately left the fact finder, which could be the judge or the jury if you ask for a jury trial.
Call Reckless Driving criminal defense attorney Jake Gunter at (801) 373-6345 for a free consultation.
WHAT IS RECKLESS DRIVING IN UTAH?
Reckless driving is what the jury decides it is. It can vary under the circumstances and hiring a persuasive reckless driving attorney can really help. Technically, reckless driving is a driving pattern where you commit three or more traffic offenses within three miles.
UTAH’S RECKLESS DRIVING CODE:
You can read Utah’s statute on reckless driving below.
Effective 5/4/2022
41-6a-528. Reckless driving — Penalty.
(1) A person is guilty of reckless driving who operates a vehicle in willful or wanton disregard for the safety of persons or property.
(2) For purposes of this section, “willful or wanton disregard for the safety of persons or property” includes:
(a) traveling on a highway at a speed of 105 miles per hour or greater; or
(b) committing three or more traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous period of driving covering three miles or less in total distance.
(3) A person who violates Subsection (1) is guilty of a class B misdemeanor.
How to beat a reckless driving ticket:
FIRST TIME RECKLESS DRIVING
First time reckless driving offenders can, with the right attorney, get these charges reduced to speeding, or enter into a Plea in Abeyance. A deeper, cornerstone article on Pleas in Abeyance can be read here:
https://uev.lxn.mybluehost.me/website_3ee3e100/practice-areas/criminal-law/utah-criminal-pleas-in-abeyance/
In essence, Pleas in Abeyance are where you get the entire case dismissed if you successfully complete your probationary period. Successfully completing your probationary period means paying your traffic fine, not getting any other traffic or criminal charges and taking traffic school.
Even if you are a first time offender on a reckless driving charge, it does not mean you will automatically be eligible for a Plea in Abeyance. Prosecutors and police officers often find reckless driving offenses to particularly endanger the public. As a result, they can be harsher on reckless driving offenses than parking or even first time drug possession.
RECKLESS DRIVING SPEED:
The Utah reckless driving statute does not specifically mention any required speed needed to constitute the conduct reckless driving. Instead, the statute states it is reckless driving to “willful[ly] or wanton[ly] disregard for the safety of persons or property.”
Going 100 miles per hour on the I-15 could constitute reckless driving, but going 50 miles per hour in a school zone could also constitute reckless driving because it could be seen by a jury to be a “willful” and “wanton” disregard for the safety of the school children.
RECKLESS DRIVING PENALTIES:
Utah’s reckless driving statute is found in the Utah Traffic Code at 41-6a-528 (2018). A conviction for reckless driving is a Class B Misdemeanor. As of 2018, reckless driving carriers a recommended bail schedule fine of $680.
It takes a 4 year waiting period from the time your complete your probation period to even consider expungement of your reckless driving criminal conviction. See this article about how and when to qualify for a reckless driving expungement:
https://uev.lxn.mybluehost.me/website_3ee3e100/practice-areas/criminal-law/expungements-and-reductions/
UTAH POINTS ON DRIVER’S LICENSE FOR RECKLESS DRIVING:
Reckless driving carries 80 points on your Utah driver’s license.
An under 21 Utah driver who accumulates 70 or more points in three years may have their license suspended. Reckless driving carriers 80 points and so your driver’s license will be in jeopardy.
An adult driver over 21 years old who accumulates 200 or more points in three years is also up for a suspension period. Adults can take traffic school and get 50 points off their points-record.
If you drive one year without any traffic violations, ½ of your points will automatically drop off of your record. If you drive 2 years without any traffic violations, all your points will drop off of your record.
RECKLESS DRIVING EXAMPLES:
Driving 100 miles per hour on the interstate could constitute a willful and wanton disregard for the safety of the public. Driving 50 miles per hour in a 25 mile per hour construction zone where workers are present and your driving conduct could really have killed someone.
In a three mile strip you weave over one solid white line, are found to be speeding and then jump the curb. Three or more traffic violations in a 3 mile section can qualify you for a reckless driving conviction. The 3 qualifying offenses must be found in the Utah Traffic Code. The 3 qualifying offenses must be traffic offenses, not drug possession, domestic violence or interference with a police officer.
RECKLESS DRIVING BAIL BOND:
Generally, you will be cited and released with a promise to appear when you are charged with reckless driving. Further, it is unlikely that you will be sentenced to jail time on your first offense. After you are cited by the police, you will need to schedule a court date within 14 days or your reckless driving attorney can do it for you. If you fail to schedule a reckless driving court hearing, a bench warrant will issue for your arrest and your driver’s license will be revoked for failure to appear.
RECKLESS DRIVING TRAFFIC DEFENSE:
Due to the modern day dash camera footage and body cameras worn by officers, one defense is that the required 3 traffic violations did not occur within the 3 mile period. You can calculate how fast the officer is going, the time elapsed and try to see if there are factual discrepancies.
ENHANCEABLE RECKLESS DRIVING:
Reckless Driving is enhanceable. Meaning, that your Reckless Driving conviction can be used to bolster the criminal sentencing against you in any subsequent DUI or Impaired Driving offense. Fighting off this possible future enhancement matters.
CALL RECKLESS DRIVING ATTORNEY JAKE GUNTER AT (801) 373-6345 FOR A FREE CONSULTATION REGARDING YOUR RECKLESS DRIVING OFFENSE.
