Reckless Driving Causing Personal Injury Attorney

Charges of Reckless Driving Causing Personal Injury are serious, and judges routinely order jail time and stringent, lengthy probation terms. It takes a top criminal defense lawyer to protect a client from these charges.

What Constitutes Reckless Driving?

Reckless Driving is defined as “willful” or “wanton” disregard for the safety of other people, whether they are in cars or not. Willful means deliberate and intentional. Wanton means deliberate and unprovoked. The statute does not mean a person intentionally and deliberately hurt someone. It means a person drove with a deliberate and intentional disregard for the safety of other persons or property, which resulted in harm and injuries. Examples of these are so-called “road rage,” driving at very high speeds, driving too fast for road conditions, and driving in such an unsafe manner that one could assume an accident will probably occur and someone will be hurt, to name a few. Reckless Driving Causing Personal Injury is a felony in Michigan.

What is the Penalty for Felony Reckless Driving?

A person who operates a motor vehicle in willful, wanton disregard for the safety of persons or property and in doing so causes the “serious impairment of a bodily function” of another person, also called Reckless Driving Causing Personal Injury, is guilty of a felony punishable by five (5) years in jail or a fine between $1,000-$5,000, or both, and up to five (5) years probation. In addition to the criminal penalties and fines, Michigan law also provides for the immobilization or forfeiture of the vehicle involved. If a death occurs from reckless driving, the charge is even more severe.

“Serious impairment of a bodily function” (according to case law) is defined as:

An objectively manifested impairment (observable or perceivable from actual symptoms or conditions),

of an important body function (a body function of value, significance, or consequence to the injured person), which

affects the person’s general ability to lead a normal life.

Many various types of injuries could form the basis of this definition, including (according to statute):

Loss of a limb or loss of use of a limb.
Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.
Loss of an eye or ear or loss of use of an eye or ear.
Loss or substantial impairment of a bodily function.
Serious visible disfigurement.
A comatose state that lasts for more than three (3) days.
Measurable brain or mental impairment.
A skull fracture or other serious bone fracture.
Subdural hemorrhage or subdural hematoma.
Loss of an organ.

Do People Usually Serve Jail Time if Convicted of Reckless Driving Causing Personal Injury?

As can be imagined, most judges treat these cases very sternly. If you do not have a top-rated, astute criminal defense attorney, you will be in jeopardy of jail time. It is critical that you retain a seasoned, veteran criminal defense attorney who knows the possible defenses to this charge. For example, the injured person’s contributory fault can be used as a defense, to name but one example.

There is a second side to the story in many of these cases. Unfortunately, police, prosecutors, and judges are reluctant to consider anything the defendant may want to say in their defense. The defense lawyer’s job is to find a way for the defendant’s story to be told credibly and persuasively. The accused is a person too, and they have a life, job, and family to be protected.

Defenses to Reckless Driving Causing Personal Injury

There are many ways to defend Reckless Driving Causing Personal Injury charges. The defense lawyer first looks at the facts of the case, the police report, accident reconstruction reports, and any audio or video evidence to see if there is a way to argue that the driving was not reckless. If the operation of the care was careless, that is not enough! Secondly, the injury may be minor, and the police or the victim may be exaggerating the extent of the medical situation. Finally, the defense might focus on mitigating the sentence to avoid jail or prison if there is no way to avoid a conviction. Every defendant charged has a right to have their rights protected and even a jury trial if desired.

How do I Find the Best Criminal Defense Attorney for a Reckless Driving Causing Injury Charge?

LEWIS & DICKSTEIN, P.L.L.C. is widely known for providing the highest caliber defense available in Michigan. We are almost always successful in keeping our clients out of jail if there is a conviction, and our primary goal is to ensure there is no conviction at all. We take the time to thoroughly prepare and develop a strategy to get the best possible results. If you are charged with felony Reckless Driving in any court in Southeast Michigan, contact us and we will find a way to help you.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.