Vehicle & Traffic Law 1212
Under New York State law, a person is guilty of reckless driving when that person drives or uses any motor vehicle in a manner which unreasonably interferes with the free and proper use of a public highway, road, street, or avenue, or unreasonably endangers users of a public highway, road, street, or avenue. A person may engage is reckless driving if he or she is intoxicated or if he or she is not intoxicated. Evidence of a person’s intoxication may be used to prove reckless driving when that evidence is coupled with evidence of the manner in which the motor vehicle was being operated.
A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. A person operates a motor vehicle by driving it or when he or she is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion. A person may be considered to be operating a vehicle even if the vehicle is not moving but the engine is running.
To be convicted of Reckless Driving, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) that on the alleged date the defendant operated a motor vehicle; and (2) the defendant did so in a manner which unreasonably interfered with the free and proper use of the public highway, or unreasonably endangered users of the public highway.
For more information on Reckless Driving, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 500-3273 today.
Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.