New York residents are aware that motor vehicle accidents happen throughout the state on various types of roads. While accidents do happen, it is commonly cited that the negligence or recklessness of a driver caused the collision. If authorities determine that a driver is liable in a collision, that driver could be charged for reckless endangerment.
What is reckless endangerment? According section 120.20 of the New York Penal Law, reckless endangerment in the second degree occurs when an individual engages in a conduct that creates a substantial risk of serious physical injury to another. This differs from reckless driving, however. According to section 1212 of the New York Penal Law, reckless driving occurs when a motorist drives or using a vehicle in a manner that unreasonably interferes with the free and proper use of the public highway or unreasonably endangers the used of the public highway. Those accused of reckless driving face a misdemeanor charge.
If a driver is accused of either or both reckless endangerment and reckless driving, he or she could face a misdemeanor charge. This could mean serious penalties such as hefty fines and jail time. Because of this, it is important to understand the charges and the possible consequences. Moreover, those accused should take appropriate steps to make a defense against the allegations. This could help the defendant reduce or even dismiss the charges against him or her.
The defense should investigate the details of the crime. This could determine if all procedures and protocols were followed and there was in fact a traffic violation. This step could help the accused in making a defense plan against the charges.
Source: Ypdcrime.com, “S120.20 Reckless endangerment in the second degree,” accessed July 6, 2015