In Nevada, reckless driving causing death is a category B felony punishable by one to six years in prison and $2,000 to $5,000 in fines.
What is Reckless Driving?
Reckless driving is defined by Nevada law as operating a vehicle with willful or wanton disregard of the safety of people or property on a highway or public premise. Reckless driving can include the following:
Driving a vehicle in an unauthorized speed contest on a highway or public location
Driving a vehicle in an unauthorized trick driving display on a public highway
Reckless driving isn’t just being careless or negligent, but willfully endangering public safety. Examples of reckless driving include:
Driving significantly over the speed limit
Ignoring traffic control devices, such as red lights
Hitting medians and shoulders while driving or making U-turns
Passing vehicles extremely quickly
Changing from the left- to right-most lane in a multi-lane highway without signaling
Colliding with a pedestrian or cyclist caused by failure to yield right of way at a crosswalk
How to Fight Reckless Driving Causing Death Charges
A defense attorney representing a client charged with reckless driving causing death could argue that the defendant’s actions didn’t rise to the level of reckless disregard of the safety of others. Evidence that may be presented in this type of case could include:
Traffic surveillance footage
Smartphone video and photographs
Accident reconstruction expert testimony
Weather and road reports
Vehicle GPS records
The defense attorney could also show that an intervening cause unrelated to the defendant’s driving caused the death. If the attorney can show that the defendant was driving negligently rather than recklessly, the felony charge could be reduced to vehicular manslaughter, which is a misdemeanor.
Sealing Criminal Records of Reckless Driving Convictions
A category B felony reckless driving conviction can be sealed five years after the case closes. If the case was dismissed, then the case can be sealed immediately.
Reducing DUI to Reckless Driving
A criminal defense attorney may be able to reduce a drunk driving charge to a reckless driving charge. The defendant would have to complete the standard DUI criminal penalties, such as DUI School and a victim impact panel. The benefits of pleading down include:
Defendants are less likely to be disqualified for job opportunities if they have a reckless driving conviction, than a DUI.
Defendants can avoid harsher penalties if they are charged with a future DUI. (The penalties for successive convictions come with more serious penalties.)
Why Call Moskal Law
A reckless driving causing death charge comes with serious potential consequences. Jail time and hefty fines will forever change a defendant’s life. That’s why it’s important to seek legal representation as soon as possible.
Thomas Moskal has experience prosecuting vehicular crimes cases in Nevada and knows what it takes to fight for the rights of a defendant charged with reckless driving causing death. Call Moskal Law today to schedule a consultation and get the representation you deserve.