Rhode Island Reckless Driving Lawyer

Rhode Island Reckless Driving Attorney

Reckless Driving in the state of Rhode Island is a criminal charge that should be taken seriously. If you are facing a reckless driving charge, it’s important that you seek legal representation from an experienced Rhode Island Reckless Driving lawyer immediately.

Reckless Driving can have negative consequences like probation, suspension of your license, fines and fees and potentially jail. This is why it is important to have an attorney help you through the process.

What is Reckless Driving in Rhode Island?

Reckless driving in Rhode Island is when you operate a vehicle in a reckless manner that endangers the lives of others on the road. Unlike a traffic ticket, anytime that you endanger someone or risk someone else’s life, you may potentially face a reckless driving charge which can lead to potential fines, license suspension, jail time and a charge on your record.

It won’t matter the type of vehicle you’re driving (an automobile, motorcycle, a commercial vehicle, etc), if you are endangering others on the road, including pedestrians or other drivers, you may get a reckless driving charge.

What are some examples of Reckless Driving in Rhode Island?

There are plenty of actions that you may do that can be considered reckless driving. There is no black and white definition of what is and isn’t reckless driving. The circumstances of the incident matter. Some of the most common factors are:

• Excessive speeding: you’re driving way above the speed limit. A good example is fleeing or evading the police.
• Aggressive driving: actions like tailgating (driving way too close to another vehicle) or unsafely passing around other vehicles
• Ignoring traffic signals: driving through red lights or ignoring traffic signals may lead you to a reckless driving charge
• Making risky driving decisions like doing unsafe lane changes, failing to use the turn signals for a turn or when you switch lanes or taking turns at unnecessary high speeds

What is the Rhode Island General Law for Reckless Driving?

The law for Reckless Driving comes from Rhode Island General Laws § 31-27-4. Reckless driving and other offenses against public safety.

“Any person who operates a motor vehicle recklessly so that the lives or safety of the public might be endangered, or operates a vehicle in an attempt to elude or flee from a traffic officer or police vehicle, shall be guilty of a misdemeanor for the first conviction and a felony for the second and each subsequent conviction.”

Is Reckless Driving a Felony or a Misdemeanor in Rhode Island?

If this is your first reckless driving charge, it will be considered a misdemeanor. However, if you get charged with reckless driving in the future and you have a prior conviction for reckless driving, it will be considered a felony for your second and subsequent reckless driving charges.

What are the Penalties for Reckless Driving in Rhode Island?

For a First Offense Reckless Driving charge:

• a Misdemeanor Criminal Offense
• up to $500 fine
• up to six months in jail
• potential license suspension

Second and Subsequent Offense Reckless Driving:

• a Felony Criminal Offense
• up to $1000 fine
• potentially over one year in jail
• potential license suspension

There are certain long-term consequences that you may not be aware of with reckless driving. Your insurance may go up after a conviction or worse, your insurance can drop you. It can also affect your employment if they do a criminal background check or a driving record background check. This is especially true of people who need to drive for work.

What Happens After I am Charged with Reckless Driving in Rhode Island?

In Rhode Island, a reckless driving charge shouldn’t be treated like a simple traffic violation. Depending on the facts, reckless driving may be charged as a criminal offense, which means that your case may require court appearances and can carry consequences beyond a fine, like jail time.

Many reckless driving cases start with a traffic stop or an investigation after an accident. Once the police finish their initial investigation, you may receive a summons requiring you to appear at Rhode Island District Court or you could be arrested and taken straight there. Your first appearance in court is the arraignment and there, the court will confirm your identity, will formally read your charges and will ask you to plead. You can enter a not guilty plea at this stage so your case can move forward and all of the evidence can be reviewed.

After this, your case then enters the pretrial stage. This is where your criminal defense attorney reviews the discovery which can include police reports, witness statements, accident information, body or dash camera footage, photographs or any other type of evidence that the State intends to use in their case. Your defense attorney will examine whether your alleged conduct meets the standard of the law needed to prove reckless driving and whether there may be any defenses to your charges.

During the pretrial process, your attorney may negotiate with the prosecution to resolve the case without a trial. Depending on the evidence and the specific facts, your case could be dismissed, reduced, amended to a lesser offense, placed on file or, otherwise, resolved. If there can’t be an appropriate resolution, your case may proceed to trial, where the State must prove the reckless driving allegation in court by a standard of beyond a reasonable doubt.

How do Police Decide to Charge Reckless Driving Instead of Speeding in Rhode Island?

In Rhode Island, a speeding ticket usually focuses on one issue: how fast you were driving. Reckless driving is more broad and a more serious offense because it focuses on whether your driving was reckless and caused a safety risk or showed disregard for the safety of others.

The police may consider charging you with reckless driving instead of a simple speeding violation when your alleged conduct involves more than speed alone. This can include extremely high speeds, aggressive lane changes, weaving through traffic, racing, nearly causing an accident, ignoring traffic signals, driving too fast for the current weather or road conditions, or any other behavior that appears dangerous.

The key question is if the facts support a criminal charge rather than a civil traffic violation. The officer’s report, dash or body camera footage, witness statements, accident evidence, road conditions, traffic volume, the reason for the initial stop, amongst other things, can affect how your case is charged.

You also have to understand that being charged with reckless driving doesn’t automatically mean that the State can automatically prove it. Your defense attorney should examine if the alleged conduct was truly reckless, or if it’s more accurately described as speeding, a traffic mistake or a momentary lapse of judgment.

What are some defenses for Reckless Driving in Rhode Island?

There are certain defenses that an experienced criminal defense attorney may use to lower or dismiss reckless driving charges:

• Challenging the evidence: the prosecution must not only prove that the reckless driving happened but that you intended, knowingly or recklessly drove in an unsafe manner. A criminal defense lawyer can see all the evidence like surveillance footage and police reports and argue that it was not intentional, knowingly or recklessly done.
• Mitigating factors: there could be external factors that may help your case like driving fast because you were in the middle of a medical emergency.

It is advisable that you hire a professional Rhode Island criminal defense lawyer who will be able to spot the issues and help you with your legal rights.

Reckless Driving and a Citation at the Rhode Island Traffic Tribunal

Many times when somebody is charged criminally with Reckless Driving in Rhode Island, there is an accompanying Summons for civil traffic violations that is filed at the Rhode Island Traffic Tribunal. Although both of these things arise out of the same incident, there are separate court dates for criminal and civil violations at different courts.

Can Reckless Driving be Dismissed in Rhode Island?

Yes, a reckless driving charge in Rhode Island can be potentially dismissed but it will depend on the specific facts of your case, the strength of the evidence, your criminal and driving record and other mitigating factors. A dismissal is possible when the State can’t prove that your alleged driving conduct rose to the level of reckless driving, or when the evidence doesn’t support the charge.

It’s important that you understand that reckless driving is treated more seriously than a regular traffic ticket because it is a criminal offense. The State usually needs evidence showing that your driving conduct was reckless enough to justify the charge. It’s not just poor judgement, momentary inattention, or a routine moving violation – it is recklessly operating your car so that the lives or safety of the public might have been endangered. This is why your defense attorney will probably focus on the details: what the officer actually observed, if there was an accident, what the road and traffic conditions were, whether any video exists, whether witness statements support or contradict the allegation, among other things.

Your case may also be dismissed through negotiations if your defense attorney can show meaningful weaknesses in the State’s evidence or present facts that support a better resolution. For example, if the evidence shows a mistake, an overcharged traffic incident or a lack of reliable proof, your defense attorney may be able to push for a dismissal or a different favorable outcome. Every reckless driving case is different and no result is automatic. Being charged doesn’t mean that you are guilty and doesn’t mean that the State can prove their case beyond a reasonable doubt.

Can Reckless Driving be Reduced or Amended in Rhode Island?

Yes, a reckless driving charge in Rhode Island may be reduced or amended depending on the facts of the case, the available evidence, your driving record and the negotiations between your defense attorney and the prosecution. A reduction or amendment is not guaranteed but it may be possible when your alleged conduct doesn’t fully support the seriousness of a reckless driving charge.

Reckless driving is more serious than a regular moving violation. Your defense attorney will probably look closer at whether the State can actually prove conduct that rose to being reckless. Your attorney may review all of the discovery of your case, including the police report, witness statements, accident information, road conditions, dash or body camera footage, or any other evidence that helps explain what happened. Your driving history may also matter because prosecutors and judges usually consider if this alleged incident appears isolated or if there’s an ongoing pattern.

If the evidence shows a traffic mistake, poor judgement, momentary inattention or conduct that isn’t reckless, that may create room to negotiate a better outcome. In some cases, a reckless driving charge may be reduced to a less serious offense, amended to a different charge, filed or resolved in such a way that limits the impact on your license, insurance, record or employment.

Can Reckless Driving be Amended to a Traffic Violation in Rhode Island?

In Rhode Island, depending on the facts, a reckless driving charge may sometimes be resolved with a traffic violation rather than the criminal charge. This is not a guaranteed outcome and it heavily depends on the evidence, your driving history, the circumstances of the original stop, the position of the prosecutors, amongst other factors.

Reckless driving is treated much more seriously than an ordinary traffic offense because it suggests conduct that creates a real safety risk. For that reason, the defense usually needs to show why the facts do not support a criminal motor vehicle charge and why your case should be more appropriately handled as a less serious traffic offense.

A traffic violation can be a better outcome because it may help to avoid some of the harsher consequences associated with a criminal charge including having a criminal conviction, having troubles with a professional license, having employment problems or jail time. To pursue this type of resolution, your defense attorney may focus on whether the evidence truly shows reckless behavior or if your driving is better understood as a mistake or poor judgement.

The police report, accident details, witness statements, video footage, road conditions, driving history, the reason for the stop and any other type of evidence can matter. If those facts support a lesser interpretation of what really happened, a resolution with a plea to a traffic violation may be possible through negotiations.

What is a Reckless Driving Filing in Rhode Island?

In Rhode Island, a filing in a reckless driving case is a type of court disposition where your case is placed on file for a period of time instead of immediately resulting in a conviction or sentencing.

It’s important that you understand that a filing is not the same as a dismissal. During the filling period, your case is still technically pending and the court may impose certain conditions that you must follow. Those conditions can vary depending on the facts of the case but they may include staying out of trouble, a license suspension, or complying with any particular term ordered by the court.

If you successfully complete the filling period and comply with all of the conditions, your case may become eligible for a dismissal and an immediate expungement. This is why a filling can be a good outcome: it will give you an opportunity to move past the charge without immediately suffering the penalties from a conviction.

In a reckless driving case, a filling may be possible when the facts, your driving history and the evidence support a less severe result than a conviction. Since having a reckless driving conviction can affect your driver’s license, criminal record, insurance, employment and your future driving privileges, a filing can sometimes help to limit the impact of this charge.

At Ellison Law LLC, when we represent you on a criminal reckless driving charge, we also represent you for the civil traffic violations at the Rhode Island Traffic Tribunal.

Can I Lose My License for Reckless Driving in Rhode Island?

Yes, you can lose your driver’s license for reckless driving in Rhode Island. The license suspension for reckless driving is determined on a case by case basis in Rhode Island. Therefore, the judge has the power to suspend your driver’s license if you are convicted of reckless driving in Rhode Island.

What Speed is Considered Reckless Driving in Rhode Island?

There is no set speed under the law in Rhode Island that is considered reckless driving. In order to charge you with reckless driving, the police officer who charges you will use their discretion in deciding whether the speed you were going and the manner in which you were driving was reckless and the lives or safety of the public might have been endangered.

Will Reckless Driving Affect my Insurance in Rhode Island?

Having a reckless driving charge in Rhode Island can affect you more than just the immediate penalties imposed by the court. If your case results in a conviction, it may impact your driving record, which can directly lead to higher insurance premiums.

Insurance companies regularly review your driving history when they’re setting their rates or renewing their policies. A reckless driving offense may be treated more seriously than a regular traffic violation because it suggests a dangerous or high risk driving behavior. Depending on your insurance company, your driving record and the final outcome of your case, you could face increased premiums, losing driver discounts or difficulty getting favorable coverage in the future.

Even if you’re not facing jail time and the court penalty seems manageable, the insurance consequences can last much longer than the court process itself. For many people, this financial impact of increased insurance rates can become one of the most frustrating long-term consequences of having a reckless driving charge.

How Long Does Reckless Driving Stay on my Driving Record in Rhode Island?

A reckless driving charge in Rhode Island can create many issues along the way. If your case results in a conviction, it may remain on your driving history and be visible to the DMV, insurance company, employers or anyone else who can review your driving record.

How long this will affect you will depend on many factors including the final outcome of your case or your prior driving history. Even after the court case is done, a reckless driving conviction may continue to create problems with insurance rates, employment opportunities, CDL eligibility, professional licensing, amongst others.

This is why the resolution of your case matters. A dismissal, reduction or a filing may have a very different long-term impact than a straight conviction for reckless driving. In many cases, the goal is not only to avoid the immediate court penalty but also to protect your license, driving history, insurance status and, generally speaking, your future.

Since the consequences of having a reckless driving conviction can follow you for a long time, this charge should be handled with the utmost care, considering your criminal and driving record from the beginning.

Can Reckless Driving Affect my Commercial Driver’s License in Rhode Island?

Yes, in Rhode Island, a reckless driving charge can create serious problems if you hold a commercial driver’s license or you’re trying to obtain one. CDL drivers are held to a higher standard than a regular licensed driver.

Even if the reckless driving charge didn’t involve a commercial vehicle and even if it happened outside of your working hours, the outcome may still directly affect your CDL, insurance, job status or eligibility with an employer. A conviction can raise concerns for trucking companies, delivery employers, insurance carriers or licensing authorities because reckless driving suggests an unsafe operation of a motor vehicle.

If you have a CDL, the consequences aren’t just limited to fines or an immediate court result. A bad outcome can create problems with your employment, increase insurance scrutiny, have difficulty staying with your insurance or have direct issues with your license depending on your driving history and the final disposition of your case.

Will Rhode Island Report my Reckless Driving Charge to my Home State?

If you’re licensed outside of Rhode Island and you’re charged with reckless driving here, the case may affect your home state driving record. Some states share motor vehicle information and a Rhode Island reckless driving conviction may be reported to the state that issued your driver’s license.

This matters because your home state may apply its own rules after receiving notification of your Rhode Island case. Even if the court outcome seems manageable, your licensing state may still impose points, insurance consequences, a suspension or other penalties based on their law.

If you’re a driver outside of Rhode Island, you shouldn’t assume that a reckless driving charge will stay in Rhode Island. The final disposition may follow you through the DMV and create extra consequences after your court case is over.

Will Reckless Driving Show up in a Background Check in Rhode Island?

A reckless driving charge in Rhode Island may show up on a criminal background check because it is a criminal offense. Even while your case is pending, it can create issues for your employers, licensing board or anyone who reviews your criminal or driving history. This is important if your job involves any type of driving, operating a company vehicle, having a CDL, working in a regulated profession or maintaining a clean record for your employment.

Can Reckless Driving Affect my Professional License in Rhode Island?

Yes, a reckless driving charge in Rhode Island can affect a professional license. If you are a licensed professional, a big concern should be whether this charge can directly affect your license, certifications, clearance or employment status.

If you have a regulated profession, including being a CDL holder, government employee with a security clearance, security personnel or any job that requires a security clearance, having a reckless driving charge or conviction can affect you in many unintended ways. Depending on your profession and the reporting rules, you may be required to disclose certain charges or convictions to your employer, licensing board or agency. Even if the case didn’t happen at your work and is unrelated to your job duties, a reckless driving allegation may still raise concerns around your professional license.

If you have a CDL, you may face extra scrutiny because your license is directly tied to your ability to work. If you’re a government employee with a security clearance, you may worry about the background checks or renewal applications. Whether or not a reckless driving charge will affect your professional license is a specific question tied to your professional license. How exactly reckless driving may impact you will depend on your profession, licensing rules and how your case is resolved.

Is it possible to get a Reckless Driving charge off of your record in Rhode Island?

Yes. Depending on the charges and your criminal record, you may be eligible for an expungement if you haven’t been involved in any other criminal charge for the last 5 years after you fully completed your sentence. If it was a felony conviction, then the waiting period will instead be for 10 years. Every case is unique, and the best way to determine eligibility for expungement is to contact an experienced Rhode Island criminal defense attorney.

Another way to keep reckless driving charges off of your record is if you are able to secure a dismissal of the charges. Once the charges are dismissed, the case could be sealed from your criminal record.

Why should I hire a lawyer for a Reckless Driving charge in Rhode Island?

Reckless Driving charges can have costly consequences that could negatively affect your life and life of your family. If you have been charged with Reckless Driving in Rhode Island, contact the lawyers at Ellison Law LLC today.

Having the knowledge and experience of skilled Rhode Island Criminal Defense Lawyers by your side may help to avoid the possible penalties and negative consequences that come from being charged with Reckless Driving. Do not wait, contact Ellison Law LLC today at 401-230-5520.