Reckless driving is a common infraction in New Hampshire, and numerous drivers face consequences for this offense each year. Reckless driving has the potential to cause injuries, property damage, and in some cases, death. But while the potential consequences of reckless driving are clear, average motorists may not be as knowledgeable about the actual laws that pertain to this offense. When a driver hears the word “reckless,” all kinds of behavior might come to mind. Where does one draw the line between an honest mistake and an act so reckless that it deserves criminal consequences? These are questions drivers might want to explore alongside criminal defense lawyers in New Hampshire – especially if they already face reckless driving charges. Consider continuing this conversation alongside Friedman & Bresaw, PLLC at (603) 707-4800. We serve Belknap, Laconia, and Meredith Counties.
The Definition of Reckless Driving in New Hampshire
Reckless driving in New Hampshire occurs when a motorist operates their vehicle in a way that endangers the lives and safety of other people. In order to face charges for this offense, the driver must have exhibited some form of “willful or reckless disregard” for the consequences of their actions. Prosecutors need to establish several key facts about the mental state of the defendant. First, they must show that the driver was actually aware of their own reckless conduct behind the wheel. Second, they must show that the driver willingly disregarded these risks.
These risks must be “unjustifiable” for drivers to face reckless driving convictions. Some risks may be justifiable. For example, swerving to avoid a pedestrian could put others in danger – but the court may conclude that this was a “justifiable” risk. There are also potential situations in which a driver might not be aware of their own reckless conduct. For example, a driver might be unaware that they are driving the wrong way down a one-way street.
What Are the Penalties for Reckless Driving in New Hampshire?
The penalties for reckless driving are mostly financial in nature. “Reckless Operation” comes with a fine of up to $1,000 – making it one of the expensive traffic tickets one can receive in New Hampshire. The mandatory minimum fine for this offense is $250. In addition, drivers convicted of reckless driving can expect a license suspension of at least 60 days. However, this penalty only applies to first offenses. Subsequent offenses carry much more serious penalties, including a maximum license suspension of one year.
Reckless Driving Can Also Be a Speeding Offense
According to the New Hampshire Department of Transport (DOT), drivers might also face reckless driving charges after speeding. The DOT states that if drivers reach speeds of over 100 miles per hour, they can face reckless driving charges and serious fines. The minimum fine for a first offense is $620. Drivers also face 60-day license suspensions for these offenses.
Reckless Driving vs. Negligent Driving
New Hampshire also has laws against “negligent driving.” This offense falls under Section 265:79-b, and it applies to motorists who drive dangerously. Drivers may face this charge if they operate their vehicles in a manner that endangers people or property. They might also face this charge if they operate their vehicles in ways that are “likely” to endanger people or property. In other words, the threshold for this offense is lower compared to reckless driving.
Note that the element of awareness is absent, and drivers can face negligent driving charges even if they never become aware of their own dangerous conduct. For example, a driver might still face charges for negligent driving even if they were not aware they were driving the wrong way down a one-way street. The definition of negligence in this context is the failure to become aware of substantial and unjustifiable risks – to the point where it represents a “gross deviation” from the behavior of a reasonable person. Negligent driving is also distinct from reckless driving because there is no possibility of a license suspension. Instead, Section 265:79-b only mentions fines between $250 and $500 for first offenses. Second or subsequent offenses come with fines of between $500 and $1,000.
Examples of Reckless Driving in New Hampshire
Perhaps the most obvious example of reckless driving is speeding, especially at speeds of over 100 miles per hour. Street racing and street takeovers represent other examples of reckless driving, especially since participants are obviously aware of how risky their behavior is. Various behaviors associated with road rage can also be reckless, including tailgating and brake-checking. A driver might face reckless driving charges for veering across multiple lanes, drifting around a corner, running a red light, performing a burnout, and much more. The possibilities are endless, and police officers have wide discretion in these scenarios.
You Can Face Reckless Driving Charges in Addition to Other Charges
Reckless driving might not seem as serious as other traffic offenses, but motorists can face numerous charges for a single incident on the road. For example, motorists often face speeding charges along with reckless driving charges in New Hampshire. Drivers might also face reckless driving charges along with driving while intoxicated (DWI), distracted driving, street racing, and more. Drivers should also know that if they flee from the police, the subsequent pursuit will likely lead to reckless driving charges (in addition to the underlying offense and fleeing).
How Can I Defend Against Reckless Driving Charges?
Awareness is a key element of reckless driving, and defense attorneys may argue that their clients were not aware of their own dangerous conduct. A defense attorney might also argue that the risk created by the behavior in question was not “unjustifiable.” Note that even if defendants beat reckless driving charges, they could still potentially face many other penalties for negligent driving, speeding, and other offenses. Friedman & Bresaw, PLLC may be able to assist with various defense strategies.
Learn About Reckless Driving Laws With Friedman & Bresaw, PLLC
While a reckless driving charge can lead to real consequences, these penalties are far from guaranteed. Defendants often seek assistance from criminal defense attorneys in New Hampshire, and these legal professionals may be able to execute various strategies to mitigate consequences. In order to choose an effective defense strategy, defendants must consider the unique aspects of their charges. Although online research may represent a starting point for further discussions, an experienced defense attorney could offer more personalized guidance. To delve further into this topic, consider contacting Friedman & Bresaw, PLLC at (603) 707-4800. We have experience representing motorists in Laconia, Meredith, and Belknap Counties.
