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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28058
Experience:  10+ years defending Misdemeanor and Felony cases.
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My son, who is 17 has traffic court on Monday. He received

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My son, who is 17 has traffic court on Monday. He received two tickets and three citations. 1) Failure to yield to an emergency vehicle 2) driving on restricted license 3) careless & reckless driving. Can you offer advice on how we should handle this situation in court?
Thanks so much, Carrie
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.

Your son should inquire from the court, if there is some type of diversion program, that he can enter into, to get the charges dismissed. If not, your son should try and see if he can take driving school and perform community service, to get at least the reckless driving charge dismissed or amended.

 

Reckless driving, is very serious. It could result in jail but the court is likely to impose a fine, as a first time offender. Your son may also have legal defenses to the charges against him, so you may want to speak with a lawyer, prior to court and see if they could help. If he just wants to resolve the case, he can ask the court for a plea offer and try to minimize the fines and points, assessed to him

 

Arkansas

Arkansas Code, Title 27 (Transportation), Subtitle 4 (Motor Vehicular Traffic), Chapter 50 (Penalties and Enforcement), Subchapter 3 (Offenses and Penalties Generally)
(a) Any person who drives any vehicle in such a manner as to indicate a wanton disregard for the safety of persons or property is guilty of reckless driving.
(b)(1)(A) If physical injury to a person results, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than thirty (30) days nor more than ninety (90) days or by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
(B) Otherwise, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five (5) days nor more than ninety (90) days or a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500), or by both such fine and imprisonment.
(2)(A) For a second or subsequent offense occurring within three (3) years of the first offense, every person convicted of reckless driving shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
(B) However, if the second or subsequent offense involves physical injury to a person, the person convicted shall be punished by imprisonment for not less than sixty (60) days nor more than one (1) year or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment. (AC 27-50-30; Acts 1937, No. 300, § 50; Pope's Dig., § 6708; Acts 1955, No. 186, § 1; A.S.A. 1947, § 75-1003; Acts 1987, No. 258, § 1
Customer: replied 7 years ago.
So, he needs to plead 'not quilty' then we need to try and negoitate some type of diversion program?
Expert:  CrimDefense replied 7 years ago.

When his case is called up, he needs to try and explain to the court that he made a mistake and wanted to inquire if there is some type of diversion or program he can enter into, for someone his age, so he can keep his driving record clean. The court will then explore what options are available to him. If he does not like what they have to offer or does not want to accept it, he can ask the court for time to retain an attorney and come back.

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