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Rhode Island Reckless Driving Lawyer

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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 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.

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.

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.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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