Reckless Driving with Serious Injury
Traffic laws are designed to protect all road users from danger. The actions of drivers while operating a motor vehicle is the most regulated activity under such laws. Michigan laws prohibit driving behavior that is reckless in nature but is particularly harsh when there is an injury resulting from the reckless driving. The law relating to reckless driving with serious injury can be very confusing to individuals who find themselves being arrested after an accident. Nevertheless, the offense is very serious under Michigan law and having experienced Michigan traffic lawyer to help defend your rights will be very important.
What is Reckless Driving with Serious Injury?
The charge of reckless driving causing serious injury can be broken down into two essential elements. In order to be arrested and prosecuted for the offense, firstly, there must be evidence that you were driving recklessly, and secondly, that the reckless driving led to the serious injury of another person.
So what then is reckless driving? To many the legal definition for this prohibited type of driving seems subjective. It involves the actions of driving a motor vehicle with no regard to the safety of other persons and property. The criminal intent necessary for this act is that you should operate the motor vehicle in a willful and wanton manner that disregards the safety of potential victims. The offense is not only limited to driving on roads and public ways but will also include certain parking areas.
The second element of the offense relates to the injury that was caused. The law does not contemplate injury such as bruises and scratches, serious injury involves the impairment of bodily function.
By itself, reckless driving is a misdemeanor under Michigan law resulting in a possible jail time of 93 days. However, if you are charged with reckless driving with serious injury, the offense is elevated to a felony category and carry far harsher penalties.
Could I Be Facing Jailtime for Reckless Driving with Serious Injury?
In most instances, there is no intention on the part of an individual charged with reckless driving to cause harm to another. So when charged with the felony offense of reckless driving with serious injury, the possibility of jail time is very paramount in the minds of many.
As a felonious crime, reckless driving with serious injury carries a maximum penal penalty of 5 years. If you are found guilty, there are a number of factors that the court will consider before the imposition of a sentence that includes jail time. At sentencing, a judge will examine the particular facts of the case and any previous convictions. Your best chance of reduced time behind bars is to hire a criminal defense lawyer who will put forward arguments on your behalf at the sentencing hearing.
In addition to jail time, if you are convicted of the offense of reckless driving with serious injury, you may face a minimum fine of $1,000 upwards to $5,000. The court could also consider probation as an alternative to time behind bars.
Can I Beat Michigan Reckless Driving wtih Serious Injury Charges?
Despite the fact that the offense of reckless driving with serious injury is a major crime, you are still innocent, until proven otherwise. The prosecution is under a legal duty to establish beyond a reasonable doubt that all the elements of the crime have been fulfilled. Until that legal duty is carried out, there is always a chance to beat the charges.
The following are some of the legal avenues available to you:
- Charge Reduction – While this is not a clear path to walking free, charge reductions can be favorable to your case, especially since the offense of reckless driving with serious injury is a felony. A lesser charge can be easier to defend or if you choose to plead guilty would result in reduced penalties.
- Charge Dismissal – There are many factors that can lead to charges being dropped before going to trial. This often occurs when there is no evidence to substantiate any or one of the elements of the crime.
- A Sound Defense – Having a well-researched and prepared legal defense is your best chances to beat the charges if your matter goes to trial. Your attorney is able to advise you on the options available to you, which will depend on your account of the events, evidence, and other legal technicalities.
As a felony offense, there is no doubt that the prosecution will be vigorous in their pursuit of justice for the victim who sustained serious injury. Accordingly, you will need a lawyer who is equipped to handle criminal matters of this magnitude.
How the Michigan Traffic Lawyers with Davis Law Group Can Help You
At Davis Law Group, we understand that this is a troubling time for you and your family. You can rest assured in our vast experience and desire to provide comprehensive legal representation in your time of need. As criminal defense attorneys, we have dedicated our legal practice to helping those charged with criminal offenses in Michigan.
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