Former Michigan Prosecutor | Jonathan Andrew Paul
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Charged with Reckless Driving in Lapeer County - Careless Driving 71A District Court

7/2/2023

 
​Navigating the beautiful roads of Lapeer County, Michigan, with the scenic Lake Nepessing or the bustling Downtown Lapeer, can be an enjoyable experience. However, maintaining safety on these roads is crucial, for the sake of both ourselves and others around us. Today, we will discuss two traffic offenses that are taken seriously in Lapeer County—Reckless and Careless Driving.

Reckless Driving: More Than Simple Carelessness
In Michigan, reckless driving is considered more than simple carelessness. The law stipulates that it involves driving a car in a willful or wanton disregard for the safety of persons or property. This implies knowingly ignoring potential risks, not necessarily with the intent to cause harm, but doing so with awareness of potential danger.

It's a severe offense, classified as a 90-day misdemeanor. Just like a drunk driving offense, it involves penalties such as fines, costs, and license implications. A conviction results in the addition of six points to your license.

The prosecution will primarily attempt to prove this charge using evidence of your driving pattern, speed, and road conditions. The evidence may include signs of intoxication, which could support the prosecution's claim of "willful or wanton disregard." However, it's worth noting that mere intoxication isn't sufficient for a conviction.

Careless Driving: A Lesser Offense, But Still Serious
On the other hand, careless driving is deemed a less severe offense. It necessitates the prosecution to prove that you drove in a careless, imprudent, or negligent manner. This offense doesn't necessarily involve willful disregard, rather the results of your driving.

Despite being less severe, it carries its own implications—three points on your license. However, unlike reckless driving, it's not a misdemeanor and doesn't carry jail time. The fines and costs associated with careless driving are also less severe.

The prosecution has a lower burden in careless driving cases. Depending on the circumstances, it might be possible to argue that the other driver was at fault, or that your driving decisions were made out of necessity—avoiding another car or potholes, for instance.

How We Navigate These Charges
Traffic violations such as reckless or careless driving, and leaving the scene of an accident, are serious offenses. While some people tend to underestimate these charges as mere "traffic tickets," they can result in a criminal record, adding points to your license, and even license suspension.

At our firm, we apply The New Rules of Criminal Defense by deciding to compete strategically and acknowledging the gravity of these allegations. Adopting a growth mindset allows us to assess the situation objectively, realizing the offense affects not only the client but also the broader community.

It's vital to change the case's culture and adopt core values. Prosecutors, judges, and probation officers may project their own worst experiences on the road onto the person charged. Our objective is to shift the perspective and help stakeholders become shareholders, working toward the same goal.

To do this, we employ a "client balance sheet," assessing your driving history and overall lifestyle. Do you have a clean record or a history of traffic offenses? We encourage our clients to build "assets" on their case and to understand the value of proactive and immediate actions in shaping the case's outcome.

Our ultimate aim is to create measurable progress and results, which allows us to reset, rebrand, and earn rewards for your case. Navigating the legal system can be daunting, but with a strategic approach and a focus on growth and learning, we can turn even challenging situations into opportunities for personal development. Drive safely, Lapeer County!

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