Nashville DUI Reckless Driving
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So what is a reckless driving? It is talked about in regards to a DUI quite often, If you drive any vehicle in wanton or disregard for the safety of others, you have committed reckless driving in Tennessee. It can be on any public access place, shopping center, road, interstate, driveway, trailer court, there is virtually no place a vehicle can go that you can’t be charged with reckless driving.
So if that was reckless driving, what are the penalties in Tennessee? In Tennessee reckless driving can be a class b misdemeanor, the sentence cannot be longer than six months, and the fine cannot exceed five hundred dollars. If within 12 months you receive two reckless drivings the department of safety will revoke your license for a total of twelve months.
In a legal context it is important to realize that reckless driving is not a lesser included offense of a Tennessee DUI. There is an element of the crime reckless driving that is required for a reckless driving, but that element is not found in a DUI, thus it cannot be a lesser included offense of a DUI. Can a DUI sometimes be pled down to a reckless driving, Yes.
Considering a reckless driving in regards to a DUI, it is important to note that even with a reckless driving there are penalties such as loss of license for year, SR 22 insurance, and this offense of reckless driving can be considered in determining if you are a habitual motor offender later on in your driving career.
It is important to note as well, reckless driving and reckless endangerment are two separate and distinct charges, reckless endangerment is a more serious charge and carries with it the increase in penalty, and in some situations becomes a felony.
Should you need assistance in your DUI charge, please give us a call at toll free (877) 271-2633 or local you may phone us at (615) 308-2633.
Daniel L. McMurtry, Esq.
