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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Traffic Law
Satisfied Customers: 4396
Experience:  10 years of legal experience, including traffic law
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Does a Reckless Driving charge come with a mandatory 60

Customer Question

Does a Reckless Driving charge come with a mandatory 60 days ?
JA: What state was the citation in? And have you consulted a local attorney?
Customer: North Carolina. My boyfriend is currently in court right now and that's what they are saying he could face. How does this charge work in his favor to fight it?
JA: Do you need to appear in court?
Customer: No I don't. I was not present for the accident.
JA: Anything else you want the lawyer to know before I connect you?
Customer: He is New Bern, NC. Craven County District Court . Courtroom DCR4 . Since its a Class 2 Misdemeanor and his first one does he automatically have to do time?
Submitted: 1 month ago.
Category: Traffic Law
Expert:  Hammer O'Justice replied 1 month ago.

Hello.

No. Reckless driving comes with a maximum penalty of 60 days, as in, he could get UP to 60 days. But there is no minimum jail time required, meaning he could end up with no jail time and could be penalized with probation or a fine or something like that instead. If he doesn't have a lawyer it may be a good idea for him to ask for a postponement and get one since the charge is a misdemeanor and could end up giving him a criminal record. He could try to plea bargain down the misdemeanor charge to a lesser traffic offense that is not a criminal offense, like speeding or something similar, or get deferred prosecution if he is a first offender (meaning his case is put off for a period of time and if he follows the court's requirements the charge ends up getting dismissed). He can also try to bargain for these himself but it is generally easier if a lawyer does it, particularly when the charge is somewhat serious.

Customer: replied 1 month ago.
Thanks!
He took your advice and his court appearance was rescheduled
Expert:  Hammer O'Justice replied 1 month ago.

Oh good. There are traffic lawyers that would take a case like this for a flat fee so it shouldn't be hard for him to find a lawyer. Good luck with this case. Please leave a positive rating so I get credit for my responses. Take care!