Reckless Driving Traffic Ticket Defense in Oklahoma
By Glen R. Graham, Criminal Defense Lawyer Tulsa, Oklahoma
http://www.glenrgraham.com Phone 918-260-8184
You should talk with a good local, experienced traffic ticket lawyer
before your court date. Glen R. Graham
attorney at law is an experienced traffic lawyer with over 25 years experience
representing the people of Oklahoma. His
website is http://www.glenrgraham.com
and his phone number is 918-260-8184. The traffic laws and the laws
concerning reckless driving tickets in Oklahoma are set forth in the Oklahoma
Statutes and in the municipal city ordinances of Tulsa, Bixby, Broken Arrow,
Glenpool, Jenks, Owasso, Sand Springs, and surrounding areas.
Reckless driving in Oklahoma is a serious criminal
offense
Oklahoma reckless driving is a serious criminal misdemeanor and
it carries a potential for 4 points on your Oklahoma Department of
Public Safety driving record and a potential fine of
$500, and a potential jail sentence of 90 days. A second offense carries additional penalties as listed below.
Aside from the fine and jail time, your license could also be
suspended up to 1 year. And a reckless
driving Oklahoma conviction stays on your Oklahoma DMV record for years and for
insurance purposes for a minimum of 3 years.
Oklahoma reckless driving: 1st Offense: 5 days to
90 days and/or 0-$500 plus costs; 2nd Offense: 10 days to 6 months
and/or $150 - $1,000 plus costs.
The statutory prohibition concerning
reckless driving in Oklahoma is set forth in the Oklahoma Statutes under title 47 O.S. §11-901 which states:
A. It shall be deemed reckless driving for any person to
drive a motor vehicle in a careless or
wanton manner without regard for the safety of persons or property or in
violation of the conditions outlined in Section 11-801 of this title (which is
the general rules of the road speed restrictions).
B. 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 by a fine of
not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars
($500.00), or by both
such fine and imprisonment; on a second or subsequent conviction, punishment
shall be imprisonment for not less than ten (10) days nor more than six (6)
months, or by a fine of not less than One Hundred Fifty Dollars ($150.00) nor more
than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
Further, explanation for the statutory requirements or required elements to prove reckless driving
in Oklahoma are set forth in the Oklahoma jury instructions as stated below:
OUJI-CR 6-32
RECKLESS DRIVING -
ELEMENTS
No person may be convicted of reckless driving unless the
State has proved beyond a reasonable doubt each element of the crime. These
elements are:
First, driving;
Second, a motor vehicle;
Third, in a careless or
wanton manner;
Fourth, (without
regard for the safety of persons or property) or (that violated lawful speed
limits) or (that [failed to attain]/exceeded the speed that a careful and
prudent person would have considered reasonable and proper having due regard
for the traffic, surface, and width of the highway, and other conditions) or (that
exceeded the speed that a careful and prudent person would have considered
reasonable and proper in order to stop within the assured clear distance ahead).
Further and more fruitful discussion concerning the
limitations and the definition of reckless driving in Oklahoma are contained
the Oklahoma Uniform Jury Instruction Committee Comments following the jury
instructions for Oklahoma Uniform Jury Instructions at OUJI-CR-6-32 which is for Oklahoma jury instructions for reckless driving. See the comments following the relevant
listed Oklahoma Uniform Jury Instruction which include:
The first alternative, "without regard for the safety
of persons or property," restates the statutory language of section
11-901. This language seems to indicate
that the defendant must have had a conscious awareness of dangers to the safety
of persons or property. In the opinion of the Commission, no such subjective
mens rea is required for conviction for the crime of reckless driving. To
establish the first alternative, it is
necessary to prove only that the acts and conduct of the defendant, as judged
by an objective reasonable-and-prudent-person standard, created dangers for the
safety of persons or property. Lamb v. State, 70
Okl. Cr. 236, 105
P.2d 799 (1940).
The three other alternatives of the fourth element list
violations of the conditions of 47
O.S. 1991, § 11-801. Subdivision (a) of section 11-801 has a general
rule concerning the expected appropriate conduct of drivers with regard to the
speed at which they should drive. The provisions of the general rules are
reflected in the last two alternatives of the fourth element. The remaining
subdivisions of section 11-801 set specific speed limits for various situations
and types of vehicles. Violation of speed limits is the second alternative. The
Commission has stated the violations of section 11-801, rather than using the
statutory language of section 11-901, in order to avoid the necessity for a
separate definitional instruction for the violations of section 11-801.
It should be stressed that proof that the defendant has
driven in a manner which disregards the safety of persons or property, or which
violates the conditions of section 11-801, is not enough by itself to convict
the defendant of the crime of reckless driving. The State must also prove that
the defendant was driving in the
"careless or wanton manner" of the third element. For example, the defendant must not only be speeding,
but also must be speeding to such an extent that his conduct would constitute
culpable negligence. A "careless
or wanton manner" signifies more than simply a violation of the
speeding laws; it signifies culpable
negligence. Chappell v. State, 462
P.2d 325 (Okl. Cr. 1969);Scott v. State, 71
Okl. Cr. 54, 108
P.2d 189 (1941).
The Commission has decided that the best way to understand the
coverage of the reckless-driving crime of section 11-901 was to compare the
facts of cases in which the Court of Criminal Appeals has indicated that a
reckless-driving conviction is proper with the facts of cases in which the
Court of Criminal Appeals has reversed a reckless driving conviction for insufficient
evidence. Conviction proper: Wolf v. State, 375
P.2d 283 (Okl. Cr. 1966) (intoxicated driver forcing other drivers off
the road); Matchen v. State, 349
P.2d 28 (Okl. Cr. 1960) (speeding at 100-105 m.p.h.); Hooper
v. State, 348
P.2d 191 (Okl. Cr. 1959) (driving up behind cars then skidding
sideways and passing in face of oncoming traffic, thereby forcing other cars
off the road); Sullivan v. State, 333
P.2d 591 (Okl. Cr. 1958) ("three beers" and 80-85 in a 55
m.p.h. zone, resulting in accident); Allen v. State, 273
P.2d 152 (Okl. Cr. 1954) ("three beers" and accident); Hoover
v. State, 94
Okl. Cr. 227, 233
P.2d 327 (1951) (passing in the face of oncoming traffic, causing
accident). Conviction not proper: Herman v. City of Oklahoma City, 501
P.2d 1111, 1112 (Okl. Cr. 1972) (no evidence of speed of vehicle); Scott, supra,
(backing out of driveway into road and a collision occurred).
Mitigating
factors
There
are lots of factors that we can argue to the judge to reduce or even dismiss a
reckless driving charge. You’ll want to talk with an attorney about the ones
that apply to your unique case, but a few general guidelines are:
* Good
driving record
* Speedometer
reading incorrectly
* Radar
calibration issues
* Legitimate
emergency
There
are many other factors that can play into some specific types of reckless
driving charges. And your attorney might be able to further lessen your
potential punishment. You might need to take several steps in advance to help
properly prepare your case for court:
* Get a
copy of your driving record
* Have
your speedometer calibrated. Take pictures of the area. Obtain witness statements.
* Take a "live" DPS approved driver education class (normally completed as part of the plea bargain)
* As part
of a plea bargain if the court allows it then you may complete some community
service.
Judicial discretion
The
traffic court judges in Tulsa County District Court and the surrounding
municipal courts of Tulsa, Bixby, Broken Arrow, Glenpool, Wagoner, exercise considerable discretion in
determining your reckless driving punishment. This means that an attorney can
argue for you and possibly reduce your charge or punishment.
Importantly, judges can use their discretion to reduce a
reckless driving charge to “carelss driving.” Careless driving is a mere
traffic infraction with a fine of no more than $500. Careless driving only
carries two DMV points, and it is removed from your driving record for insurance purposes after
three years. Most importantly if your
attorney can obtain a plea bargain agreement to reduce your charge from
reckless driving to careless driving, then you would not lose your driver’s
license for one (1) year by virtue of a conviction for reckless driving.
Reducing Points
Points can often be reduced in three ways:
* You will have two points removed for each 12 month period in
which you do not receive another pointable ticket.
* If you go for three consecutive years after your last
violation with no violations, all points will be removed from your driving
record and you will revert to a clean driving record.
* You may also reduce your driving record by two points if you
attend traffic school.
No Work Permit Driver's License for Reckless Driving Convictions in Oklahoma
No Work Permit Driver's License for Reckless Driving Convictions in Oklahoma
Aaron’s law, which is a new Oklahoma traffic
law that became effective November 1, 2011, also states that drivers will have their
driver’s license suspended for one (1) year if they are convicted of reckless
driving, or failing to obey traffic signs (stop/yield/other) that results in great bodily injury or
failing to stop for a school bus loading or unloading children. The suspension
of the driver’s license will not be eligible for modification which means there
will be no work permit to drive if you get convicted. If convicted, you would totally lose your drivers license for one (1) year, and your license would be suspended, with no work permit. You should hire a lawyer for you on this
matter to attempt to negotiate a plea bargain to avoid a conviction for the offense charged.
