If you have been charged with aggressive driving, you need staunch legal representation. Aggressive driving is not a civil infraction, and you could end up with a permanent criminal record if you are charged with this offense.
An Elizabeth City aggressive driving lawyer can construct the best possible defense while working to help you avoid the severe penalties that can accompany a conviction. A traffic attorney can advocate zealously on your behalf for the best possible outcome to your charge, which could involve pursuing a lighter sentence, a downgraded charge, or a full dismissal in some cases.
Overview of Aggressive Driving Charges
An aggressive driving charge involves several unique elements. The prosecutor’s office must prove each of these elements to prove the State’s case.
The first element is that the accused must have been operating their vehicle in a way that was reckless, heedless, and demonstrated a distinct lack of care for the safety or wellbeing of others in the vicinity.
In addition to satisfying this element, the driver must have been in violation of speeding laws at the time of the alleged offense. Speeding violations can include driving above the posted speed limit or driving too fast through a school zone.
The prosecution must also prove the individual committed at least two other moving violations. Examples could include failing to stop at an intersection or running a red light at the time of the alleged incident.
If someone is charged with aggressive driving in Elizabeth City, they should contact an attorney right away. There may be multiple plausible defenses to an aggressive driving charge that could lower or eliminate the possible penalties involved, but it takes time to develop a tailored strategy to challenge the prosecution’s case.
The Possible Consequences of an Aggressive Driving Charge
Aggressive driving is categorized as a Class 1 misdemeanor, which can carry penalties including costs, fines, and potentially jail time.
A Class 1 misdemeanor is punishable by one of three categories of sentencing. The first category is active punishment, which means jail time.
The second category is intermediate punishment, which can include jail time as well as probation. Finally, there is community punishment, which generally includes unsupervised probation and sometimes community service.
If a person is charged and convicted of aggressive driving, they will receive a sentence of between 45 and 120 days, all or some of which may be suspended. Their punishment may be active, intermediate, or community-based and may include fines and costs.
An Elizabeth City attorney can immediately get to work defending an aggressive driving charge.
In other situations, it may be possible to defend this charge by showing the accused drove that way for a specific reason, such as due to a medical emergency or to avoid an accident. Mistakes of fact, wrongful accusations, or even Constitutional violations are also available defenses against aggressive driving. The right defense will hinge on the unique elements of an individual case.
Call an Elizabeth City Aggressive Driving Attorney
An Elizabeth City aggressive driving lawyer understands the complexities of the legal system and the most compelling defenses to deploy for a specific charge. An attorney can negotiate with the prosecution on your behalf and represent you at all required court procedures.
The right defense could help get your charge reduced or even dropped entirely. In some cases, an attorney may be able to stop a criminal charge from being filed in the first place. If you are facing aggressive driving allegations, now is the time to secure skilled legal representation to safeguard your interests. Contact Parks Zeigler, PLLC, today to speak with an attorney about your case.
