How is Reckless Driving Proven in Illinois?

 Posted on December 28, 2017 in Traffic Offenses

Reckless driving, as defined under section 625 ILCS 5/11-503 of the Illinois Code, is committed in Illinois when a driver (a) drives with a willful or wanton disregard for the safety of people or property, or (b) knowingly uses an incline, bridge approach, railway crossing, or hill to make their vehicle go airborne. Furthermore, any person who drives recklessly and as a result causes permanent disability/disfigurement or great bodily harm to another can be convicted of aggravated reckless driving. But how can it be proven that someone drove recklessly? Reckless driving cases differfrom case to case; however, consider the following various approaches that are commonly used to prove acts of reckless driving in Illinois.

Approaches Commonly Used to Prove Reckless Driving

If you choose to fight a reckless driving ticket in Illinois the opposition will be forced to present evidence in court establishing that you either drove with a willful or wanton disregard for safety or that you intentionally made your vehicle go airborne. This can be proven in a variety of different ways, but before discussing these various approaches let us take a quick look at what constitutes “willful or wanton” conduct.

Willful and wanton conduct is one of those legal phrases that can be a bit hard to pin a precise definition to, but in the context of reckless driving cases it is best to think of it as conduct that is engaged in with a conscious disregard for, or a with a reckless indifference to, the potential consequences of such an action.

Proving that a driver acted with willful or wanton disregard for safety is often accomplished in reckless driving cases via one or more of the following types evidence:

• Eyewitness Evidence: Generally the police officer who issued the reckless driving citation at issue will testify to the manner in which he or she personally witnessed the accused driving. Other eyewitnesses, perhaps someone who got into an accident with the accused, may also be called forward to testify about what they saw.
• Video Evidence: Nowadays, many police cruisers are equipped with dashboard cams and if such a camera captured the manner in which you were driving prior to being pulled over then this video may be presented as evidence against you. Additionally, footage captured on a cell phone by a witness may also be available as people frequently film the unusual behavior of others on their smartphones these days.
• Radar Evidence: Many reckless driving citations issued in Illinois are based solely on a driver’s speed. When this is the case the issuing police officer will have likely captured evidence of your speed on their radar gun and will present such evidence, along with proof that his or her radar gun was properly calibrated, in court.

Charged with Reckless Driving in Illinois?

If you have been charged with reckless driving in Illinois, experienced Rolling Meadows reckless driving lawyer Christopher Cosley is here to help. Mr. Cosley has extensive experience providing legal assistance to clients who have been charged with a wide array of different traffic violations and would be happy to assist you. While each case is different, Mr. Cosley is often able to help clients keep traffic offenses off the public record, avoid increased insurance rates, prevent having their driver’s license suspended, and reduce or eliminate the other various consequences commonly associated with traffic violations. To find out what The Law Offices of Christopher M. Cosley can do for you schedule an initial consultation at our Rolling Meadows office today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-503