Ohio Reckless Operation Attorney

Experienced Ohio Reckless Driving Lawyer

If you need to fight a reckless operation charge, Gounaris Abboud is here to help. Reckless operations in Ohio are serious charges with serious penalties, but our team of attorneys knows how to fight to get charges reduced or dropped.

Whether you are in Montgomery, Warren, or Butler County — or one of the big cities like Dayton, Columbus, or Cincinnati — we will work hard to get you out from under the thumb of the state and back to life as usual.

As one of Ohio’s top defense firms, Gounaris Abboud has defended numerous clients against reckless operation charges and has built a reputation as a firm that does not quit.

What Is Reckless Operation in Ohio?

Reckless operation in Ohio is more than a simple traffic offense. It is a serious charge that can result in significant criminal liability per Ohio revised code 4511.20. Formally, the charge is known as “Operation in Willful or Wanton Disregard of the Safety of Persons or Property.” It requires that the prosecutor prove that you drove on a public roadway in a way that purposefully and blatantly disregarded the safety of others.

What are some factors that show that you drove in disregard of the safety of others?

• Running a red light
• Failure to stop at a stop sign
• Driving more than 25 mph over the speed limit
• Passing other drivers illegally
• Curb jumping
• Driving the wrong way on any street

Keep in mind that although the charge involves creating a risk of danger for others, there is no requirement that a person actually be harmed. In fact, a police officer can charge you with reckless operation when no other traffic or pedestrians are around. In addition to criminal penalties, those charged with reckless operation face negative driver’s license consequences as well.

Is Reckless Driving Considered a Misdemeanor Offense in Ohio?

Yes. In Ohio, reckless driving is usually charged as a minor misdemeanor. Minor misdemeanors are the least serious criminal offenses in Ohio. However, drivers may face differing penalties due to their past criminal records. Repeat offenders tend to be punished more harshly. Additionally, aggravating factors can lead to harsher punishments.

Penalties for Reckless Driving in Ohio

In Ohio, traffic violations are typically not charged as criminal offenses. However, reckless driving is. Consequently, it comes with stiffer penalties than most traffic citations. Additionally, repeat offenders face higher penalties, and for all convicted of the offense, a license suspension is indeed a possibility.

For a first offense, persons convicted of reckless operation will face a misdemeanor charge and a potential fine of up to $150. However, if a driver has been convicted of another traffic offense within the prior year, the reckless operation charge will be classified as a fourth-degree misdemeanor. A fourth-degree misdemeanor can land a driver in jail for up to 30 days and cost them $250 in fines.

If a driver has had two or more traffic convictions in the prior twelve months, the reckless driving charge will be filed as a third-degree misdemeanor. Jail time for a third-degree misdemeanor maxes out at 60 days, and fines can total $500.

Not only can you face fines and jail time, but you may also receive points on your driver’s license. Points are placed on a driver’s license after a driver is convicted of a moving violation. If a license collects 12 or more points within a two-year period, that license will be suspended automatically.

DUI/OVI Charges vs. Reckless Driving

DUI/OVI is one of the most serious traffic offenses, more so than reckless driving. Whereas reckless operation is charged as a minor misdemeanor, DUI/OVI are booked as first-degree misdemeanors. With first-time DUI/OVI charges, you are looking at mandatory time in jail and fines. However, a strong defense could lead to the charges being dropped or reduced to reckless operation.

Defenses for Reckless Driving Charges

Being charged with reckless driving is not the same as a conviction. Defendants have the opportunity to mount various defenses against the charge, according to their specific situations. With the aid of a skilled reckless driving defense lawyer, a defendant could get their case dismissed or significantly reduced by employing one of the following defenses:

• The officer used improperly calibrated or malfunctioning radar equipment
• Video footage does not corroborate the officer’s account
• The defendant’s vehicle experienced unforeseen mechanical issues that caused the reckless driving
• The defendant experienced a medical episode or was suffering from a health issue that led to the reckless driving incident
• Hazards or other issues in traffic forced the defendant to drive recklessly in order to avoid causing or being a victim of a crash
• Weather conditions were such that the defendant lost control of their vehicle or experienced a reduction in visibility
• Poorly placed signs and traffic signals created unsafe conditions and forced the defendant to drive recklessly to avoid a crash

As you can see, each of these defenses attacks the charge by disproving the requirement of the charge that the defendant acted willfully or wantonly in disregard for the safety of others. Without sufficient proof of this element, the prosecution’s case crumbles.