Reckless Driving is a Class A misdemeanor that accuses you of driving in a manner that put people or property at risk of harm. Sometimes, the basis for this charge is obvious, such as if there was an accident. Sometimes, it seems to be based on nothing at all, except the police officer’s whims.
When dealing with a Reckless Driving charge, we will often see if the state is willing to dismiss it in exchange for a plea to the DUII charge, if one exists. If you are eligible for DUII Diversion, some Oregon jurisdictions will track the Reckless Driving with the Diversion, and if you complete the Diversion successfully, they will dismiss the Reckless Driving. In other circumstances, it may simply be possible to prove that you were not, in fact, driving in a reckless manner, leading to a dismissal of the charge against you.
Criminal Mischief can be charged as 1st, 2nd, or 3rd degree. The most common level in traffic cases is the 2nd degree, which is a Class A misdemeanor. Criminal Mischief II accuses you of recklessly damaging someone else’s property in an amount exceeding $500. You will often see this charged when there has been an accident, but you clearly didn’t intend to cause it.
Because the state must prove that you were reckless, the same defenses apply to this charge as to Reckless Driving. If you were not reckless, then you cannot be guilty of Criminal Mischief II, if it is charged as a reckless crime.
Edward Kroll is a former prosecutor who understands how traffic charges work and how best to defend them. If you or a loved is facing charges, contact Portland traffic defense lawyer Edward Kroll today for a free and confidential consultation, so we can prepare your defense.