Aggressive Driving Laws
What is aggressive driving?When someone commits a combination of multiple traffic offenses putting other people or property in danger, it may be called aggressive driving. It may include a variety of traffic offenses like speeding, tailgating, running a red light or stop sign, improper passing and weaving.
Would it be considered probation violation if an individual gets a moving violation ticket when they are on probation for aggressive driving?If the terms of the individual’s probation state that the individual may not receive any more violations when they are on probation, it may be considered a violation if the individual were to receive a moving violation ticket. However, if the new charge is dismissed, it may not be considered a violation.
Would it be considered illegal if an individual was not read his/her Miranda rights when arrested for driving aggressively?If an individual was not read his/her Miranda rights when arrested for aggressive driving, he/she may be able to use this as a defense at the hearing. He/she may have to get a court order of discovery before the trial and present it at the hearing.
Can an individual fight an aggressive driving charge if their name or license number is not put on the ticket?If an individual’s ticket does not have their name or license number on it, this individual may not receive proper notice of the infraction. The individual may use this as a defense in court and request the judge to dismiss the ticket.
Can a school resource officer charge an individual with aggressive driving?A school resource officer may have the right to charge an individual for driving aggressively. However, if the officer did not witness the incident and issued the ticket based on someone else’s complaint, the individual may be able to fight it and request the court to dismiss it. There may be instructions behind the ticket on how to defend it.
What can an individual do if they were caught for aggressive driving in the state of Nevada?An individual may request the court for a deferred adjudication if they were charged with driving aggressively in Nevada. A deferred adjudication may not be listed on an individual’s record as a conviction. It may be like a probation in which the individual may do community service for a few hours, take up a few self improvement classes, drug tests, etc. The time for which the adjudication is given may depend on the charges. Once the individual completes all that is required of them, it can be taken off the individual’s record either with a Motion of Expungment or with a Motion of Sealing of Record.
Would an individual need to hire an attorney if they had two criminal and two civil aggressive driving charges?It may be up to an individual to decide if they want to hire an attorney if they have two civil and criminal charges for driving aggressively. When an individual has such charges, they can receive jail time or probation, fines, court costs and license suspension. If the individual decides to plead guilty, they may do so and face the penalty. The individual can also fight the charge or request for a plea deal. If the individual decides to do so, then the attorney may go over the facts of the case and help the individual either fight the charge or work out a plea deal. However, the individual may appear alone in court without an attorney and fight the charges as well.
Though an aggressive driving charge may lead to different consequences in different parts of USA, many times it may be possible for you to defend the ticket yourself if you have enough information about it. At times, you may realize that hiring an attorney was an unnecessary expense. Hence, it is important for you to be aware of the legal implications of aggressive driving. Experts can answer your questions about aggressive driving and give you more information about it.