Reckless Driving Causing Injury

In Nevada, reckless driving causing injury is a misdemeanor punishable by a possible six-month jail sentence, 8 DMV demerit points, and $250 to $1,000 in fines.

If the reckless driving leads to substantial bodily harm, then the offense becomes a category B felony punishable by one to six years in prison and $2,000 to $5,000 in prison.

What is Reckless Driving?

In Nevada, reckless driving is defined as operating a vehicle with willful or wanton disregard of the safety of people or property on a highway, work zone, pedestrian safety zone, or public premise.

Reckless driving can include driving a vehicle in an unauthorized speed contest on a highway or public location, or performing unauthorized trick display on a public highway.

In the eyes of the law, reckless driving is more than being careless or negligent. A reckless driver willfully endangers public safety. Reckless driving may 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
  • Changing from the left- to right-most lane in a multi-lane highway without signaling
  • Eluding a police vehicle
  • Driving aggressively during road rage
  • Passing vehicles extremely quickly
  • Colliding with a pedestrian or cyclist caused by failure to yield right of way at a crosswalk

Reckless drivers who cause a collision with a pedestrian or cyclist will pay between $250 and $1,000 in fines and complete 50 to 99 hours of community service for the first offense. A second offense is punishable by $1,000 to $1,500 in fines and 100 to 199 hours of community service. The penalties increase to $1,500-$2,500 in fines and 200 hours of community service for subsequent offenses.

How to Fight Reckless Driving Causing Injury Charges

To defend a client charged with reckless driving causing injury, the defense attorney might argue that the defendant’s actions weren’t reckless. The following types of evidence may be presented in court:

  • Eyewitness testimony
  • Vehicle GPS records
  • Traffic surveillance footage
  • Smartphone video and photographs
  • Weather and road reports
  • Accident reconstruction expert testimony

To reduce or dismiss charges, the defense attorney could also show that an intervening cause unrelated to the defendant’s driving caused the injuries.

Sealing Criminal Records of Reckless Driving Convictions

A misdemeanor reckless driving conviction can be sealed one year after the case closes. A felony reckless driving conviction may 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 defendant charged with drunk driving may have the case reduced to reckless driving. The defendant would still have to fulfill the standard penalties, such as attending DUI School and a victim impact panel. However, the benefits of pleading down are worth considering:

  • Defendants are less likely to be turned down for job opportunities if they have a reckless driving conviction, than if they have a DUI.
  • Defendants can avoid harsher penalties if they are charged with a DUI in the future. (The penalties for successive DUI convictions come with more serious punishment.)

Why Call Moskal Law

Thomas Moskal has experience prosecuting vehicular crimes cases in Nevada and knows what it takes to fight for the rights of a defendant. If you’ve been charged with reckless driving causing injury, call Moskal Law to schedule a consultation and get the representation you deserve.

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