I work with a lot of clients charged with reckless driving in Michigan. Most of these clients are charged with reckless driving due to high rate of speed, changing of lanes and it usually involves other vehicles. This is really a subjective decision by a police officer to write the client up for reckless driving. It could very well be a civil infraction speeding ticket and failure to signal type ticket.
By making it a reckless driving ticket, the client is now faced with a criminal misdemeanor, jail time, suspension of license, probation and 6 points on your license. In some sense, a reckless driving charge could be worse than a DUI in Michigan.
In my opinion this subjective decision by the police officer mostly comes down to your interaction with the police officer once pulled over. Someone who is cooperative, humble and accepting of their poor choices on the road is more likely to get a civil infraction; the "asshole" to the cop is going to get the reckless driving.
My client is not an asshole in life, but in that moment did something to be placed in that category by the police officer and received the much more serious charge. Framed a certain way, the client's actions could fit into either category, but now they go to court on a much more serious offense. So how do we get the best outcome?
The first is changing the perception of the case and who the client is; the prosecutor, judge and police only know one thing about the client - THIS OFFENSE. It's not fair to be judged, labeled a criminal, go to jail or lose your ability to drive over a 10-15 minute interaction with a police officer. The problem is "words mean nothing" - a lawyer going in there telling the cop and prosecutor you're a great guy or girl does very little. Of course your lawyer is going to do that; I was a prosecutor in NYC and Michigan and I heard it all the time.
What I do for my client's is very different. We are proactive on day one - we actually go out and do things to improve the case. Most clients in this situation are going to be doing a DIP (drive improvement program) on top of some community service and maybe even some counseling if the facts lean toward potential road rage. We want to put our best foot forward and show the cop and prosecutor that you're willing to learn from this incident, you're humbled by the case, and going forward this incident will be viewed as a blessing that keeps both you and other drivers safer on the road.
If your charged with reckless driving, it's time to get to work and change the perception of your case.
By making it a reckless driving ticket, the client is now faced with a criminal misdemeanor, jail time, suspension of license, probation and 6 points on your license. In some sense, a reckless driving charge could be worse than a DUI in Michigan.
In my opinion this subjective decision by the police officer mostly comes down to your interaction with the police officer once pulled over. Someone who is cooperative, humble and accepting of their poor choices on the road is more likely to get a civil infraction; the "asshole" to the cop is going to get the reckless driving.
My client is not an asshole in life, but in that moment did something to be placed in that category by the police officer and received the much more serious charge. Framed a certain way, the client's actions could fit into either category, but now they go to court on a much more serious offense. So how do we get the best outcome?
The first is changing the perception of the case and who the client is; the prosecutor, judge and police only know one thing about the client - THIS OFFENSE. It's not fair to be judged, labeled a criminal, go to jail or lose your ability to drive over a 10-15 minute interaction with a police officer. The problem is "words mean nothing" - a lawyer going in there telling the cop and prosecutor you're a great guy or girl does very little. Of course your lawyer is going to do that; I was a prosecutor in NYC and Michigan and I heard it all the time.
What I do for my client's is very different. We are proactive on day one - we actually go out and do things to improve the case. Most clients in this situation are going to be doing a DIP (drive improvement program) on top of some community service and maybe even some counseling if the facts lean toward potential road rage. We want to put our best foot forward and show the cop and prosecutor that you're willing to learn from this incident, you're humbled by the case, and going forward this incident will be viewed as a blessing that keeps both you and other drivers safer on the road.
If your charged with reckless driving, it's time to get to work and change the perception of your case.
