20th Sep 2016

A criminal defense attorney in Broward County begins his or her assessment of a case by looking at the definition of the crime for which his or her client is charged.  In cases involving reckless driving, the prosecution has the burden of showing that the defendant drove a motor vehicle in such a way that he or she demonstrated a “willful or wanton disregard for the safety” of people or property.  The role of your criminal defense attorney in Broward County is to raise reasonable doubt to avoid a conviction or to better position you for a satisfactory plea bargain.  Some questions that the defense may ask include:

Were You the Driver? 

While this question may seem simple, many times it may not be.  Many reckless driving charges result after serious accidents in which the occupants may be thrown out of the vehicle or their positions shifted.  The first element of the crime is showing that you drove the vehicle.  If this element cannot be met, then a conviction should not be received.

Was Anyone Around to Endanger? 

Even if you did drive recklessly, there must be someone or something around that could foreseeably be injured or damaged.  If there was racing occurring on an abandoned street or public area, even dangerous driving may not rise to the necessary level for you to be found criminally culpable.

Is Witness Testimony Able to Be Challenged? 

If the prosecution is relying on witness testimony, the credibility of the witness may be challenged.  The witness may be someone who bears ill will toward the defendant, his or her statements may not be trusted.  If the witness is a law enforcement officer, does his or her dash camera contradict his or her assertions? Are other witnesses available who will contradict the statements of the prosecution’s witnesses?

Did You Show Willful or Wanton Disregard? 

A person must do more than just speed or act in a careless manner in order for his or her conduct to rise to the necessary level for conviction.

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