Reckless Driving Causing Death Defense Attorney

What is the Penalty for Reckless Driving Causing Death? What are the defenses? How can a lawyer help me with this charge?

Reckless Driving Causing Death

A person who operates a motor vehicle in willful, wanton disregard for the safety of persons or property and causes death is guilty of a felony. Reckless Driving Causing Death is punishable by 15 years in jail, a fine between $2,500-$10,000, or both, and up to 5 years probation. In addition to the criminal penalties and fines, Michigan law provides for the forfeiture of a defendant’s vehicle. The Michigan Department of State will revoke the accused’s driver’s license if they are convicted.

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 apply only if a person intentionally and deliberately hurts someone. It would be used when a person allegedly drove with a deliberate and intentional disregard for the safety of other persons, which resulted in harm and injuries, death in the case of Reckless Driving Causing Death. 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.

The public and media often pressure prosecutors and police to charge someone criminally when there is a death in an auto accident. In most cases, the deceased family is understandably upset and wants to feel that someone is responsible and held accountable. Unfortunately, this pressure can result in someone being wrongfully charged or overcharged. Sometimes, accidents are just accidents. When the prosecution has chosen to file criminal charges, the defendant will need the help of a highly experienced and respected defense lawyer to protect and defend them in court.

Reckless Driving Causing Death Defense Attorney

What if I am not arrested? Will I still be charged with Reckless Driving Causing Death?

In almost every case, a suspect is not charged immediately with Reckless Driving Causing Death. In these cases, the police will investigate extensively, interview witnesses, and obtain an accident reconstruction report from an expert. These investigations can take weeks or months before the prosecutor makes a charging decision. Retaining an expert defense lawyer as early as possible is your best defense against these charges. Hiring a lawyer on a pre-charge basis might determine whether charges are ever issued.

Under Investigation or Released Without Charges

Someone who is under investigation for Reckless Driving Causing Death, or released without charges, should retain an experienced criminal defense attorney immediately. It is often unclear if driving infractions rise to the “reckless” level. If a police detective or prosecutor is examining the evidence to determine appropriate charges, a reputable, influential defense lawyer can intervene and advocate on behalf of their client. Through proactive, pre-charge representation and intervention, it is possible to avoid charges or negotiate for a reduced misdemeanor charge of Civil Infraction Causing Death.

Is there a lesser offense to Reckless Driving Causing Death?

Yes. Civil Infraction Causing Death is a lesser or lower offense than Reckless Driving Causing Death, a felony punishable by up to 15 years in prison. Civil Infraction Causing Death is a misdemeanor with a maximum sentence of up to 1 year in jail. A felony conviction generally results in jail time. Most defendants convicted of Civil Infraction Causing Death, a misdemeanor, can avoid jail or prison. Reckless Driving is also a lesser offense and carries a maximum sentence of 90 days.

Do People Usually Do Jail Time if Convicted of Reckless Driving Causing Death?

As can be imagined, most judges treat these cases very sternly. If you do not have a top-rated, shrewd criminal defense attorney, you will be in jeopardy of jail or prison time. It is critical that you retain a seasoned, veteran criminal defense attorney who knows the possible defenses to this charge and how to negotiate with the prosecutor and judge for a plea bargain to lower charges or avoid jail or prison time. The deceased person’s contributory fault can be used as a defense if the lawyer can make a credible and persuasive argument. A reduced charge from reckless driving causing death is reckless driving causing personal injury.

How do I Find the Best Criminal Defense Attorney for a Reckless Driving 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. Our Reckless Driving defense attorneys 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.