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The charge of reckless driving requires proof beyond all reasonable doubt that the defendant operated his vehicle “in willful or wanton disregard for the safety of persons or property” or under Utah Code Ann. § 41–6a–528(1)(a). The offense is classified as a class B misdemeanor which is punishable up to six months in jail and a $1000 fine.
Under Section 41-6a-528(1)(b), reckless driving can also occur when a person operates a vehicle while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous period of driving covering three miles or less in total distance. A violation of Section 41-6a-528(1)(b) is also a class B misdemeanor.
If you have questions about reckless driving, alcohol-related reckless driving or other types of criminal traffic offenses, then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP in Salt Lake City, Utah.
The attorneys at Brown, Bradshaw & Moffat, LLP are experienced in representing clients charged with reckless driving and other criminal traffic offenses. Call us to find out how you can protect your criminal record and your driving record.
Call (801) 532-5297 now to discuss your case and possible defenses to the charges.
Utah Reckless Driving Information Center
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Utah law generally recognizes that a person engages in conduct recklessly, or maliciously, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
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Under Utah Code Ann. § 41-6-44(8), (9) and § 41-6-45, the crime of alcohol-related reckless driving occurs when any person operates a vehicle in willful or wanton disregard for the safety of persons or property. Alcohol-related reckless driving is a class B misdemeanor.
Utah Code Ann. § 41-6-45(1)(a) allows a defendant charged with DUI to plead guilty to reckless driving in satisfaction of, or as a substitute for, a DUI charge as part of a negotiated plea with the prosecutor.
Alcohol-related reckless driving is considered a prior conviction for purposes of enhancing a third or subsequent DUI charge to a felony. The provisions in the DUI law regarding screening, assessment, education, and treatment apply to this offense.
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The points system is a part of Utah's Driver Improvement Program. Points are assigned for specific types of violations including reckless driving. If you are convicted of reckless driving, then 80 points will be assessed to your driving record in accordance with the schedule from the Driver License Division. By avoiding a conviction for reckless driving, you can also avoid the assessment of these 80 points on your driving record.
Additional Resources
41-6a-528 Reckless Driving - Visit the Utah State Legislature website to learn more reckless driving, a class B misdemeanor under Title 41, Chapter 6a, Part 5, Section 528, as last amended by Chapter 292 of the 2009 General Session.
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With offices conveniently located in Salt Lake City, we are ready to meet with you to discuss your case. Find out what you need to do right now to protect your rights.
Our lawyers represent clients in Salt Lake County and the surrounding areas including Tooele County, Summit County, Morgan County, Davis County, Utah County and Wasatch County.
The attorneys at Brown, Bradshaw & Moffat, LLP represent men and women charged with reckless driving throughout Greater Salt Lake including the communities of Riverton, Holladay, Taylorsville, Magna, Kearns, Midvale, Herriman, Copperton Township and Millcreek.
Our criminal defense attorneys defend reckless driving and other traffic crimes throughout Salt Lake County and the surrounding areas. Let us help you at each stage of the case as we fight for the best possible result. Call today for a free consultation at (801) 532-5297.
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Mike Holje was there for me and helped me get the charges dismissed. He was fantastic. I am so thankful for this firm.
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