Bentonville Traffic Violation Attorney
An Experienced and Accessible Advocate in Rogers, AR; Fayetteville, AR; Springdale, AR
Bertucci Law Firm has thousands of cases under its belt and is equipped with the trial experience and litigation techniques to address your legal dispute. Attorney Ramon Bertucci can handle your traffic violation case from start to finish and swiftly resolve the matter as best he can, whether you have been stopped for speeding or driving recklessly.
Speeding Laws in Arkansas
Basic speeding laws in Arkansas prohibit driving at a speed that is “greater than is reasonable and prudent” under the existing conditions, particularly requiring drivers to proceed at a safe speed necessary to avoid collisions. Note that this speed will depend on the circumstances; 55 miles per hour, for instance, is reasonable on a safe and sunny day, but it is not reasonable on a dark and icy road and could be a violation of Arkansas’s basic speeding law.
Arkansas implements absolute speed limits work, where any violation of the limit will warrant a violation. Unless otherwise posted, the absolute speed limits are:
- 25 miles per hour in school zones;
- 35 miles per hour in urban districts;
- 55 miles per hour for large trucks (1.5-ton capacity or more) on other roadways; and
- 65 miles per hour for cars and light trucks on other roadways.
The penalties for a speeding violation will depend on the circumstances of the case, but generally, the consequences will be:
- First violation – a first speeding ticket within 1 year is a misdemeanor that carries up to $100 in fines and/or a maximum 10 days in jail.
- Second violation – a second speeding violation within 1 year is a misdemeanor punishable by up to $200 in fines and/or a maximum 20 days in jail.
- Third violation – a third violation within 1 year is a misdemeanor that carries up to $500 in fines and/or a maximum of 6 months in jail.
Additionally, if a driver exceeds a speed limit by more than 15 miles per hour, they will be charged with a Class C misdemeanor punishable by $500 in fines and up to 30 days in jail. Note that fines are generally doubled for speeding violations in construction zones, and any moving violation, including speeding, can lead to a 1-year license suspension.
Whether you have been accused of speeding or driving recklessly in Bentonville, contact the Bentonville traffic violation attorneys at Bertucci Law Firm online or call us at (479) 227-2716 for next steps to swiftly resolve your traffic dilemma.
Reckless Driving Charges
In some cases, a speeding violation can lead to a “reckless driving” charge. A standard first offense for reckless driving is a Class B misdemeanor that carries up to 90 days in jail and/or a maximum $500 in fines. A first reckless driving offense involving injuries to another person can carry 30 to 90 days in jail and/or $100 to $1,000 in fines.
Repeat offenders, or drivers convicted of a second or subsequent reckless driving offense within a 3-year period, could face 30 days to 6 months in jail and/or $500 to $1,000 in fines. A third conviction within 12 months will warrant license revocation. If the subsequent reckless driving offense involves injuries, the convicted driver will likely face 60 days to 1 year in jail and/or $500 to $1,000 in fines.
Note that a reckless driving conviction will also add 8 demerit points to a motorist’s driving record, and accumulating 14 or more points within a 3-year period can result in a 3-month license suspension.
Some states allow drivers convicted of DWI to “plea bargain” for a lesser charge, called a “wet reckless,” but Arkansas law prohibits all plea bargaining in DWI cases to a wet reckless or any lesser reckless driving charge.
Can You Get a Careless Driving Ticket Dismissed in AR?
In Arkansas, receiving a careless driving ticket can be a frustrating experience, but there are potential avenues to explore for having the ticket dismissed. Successfully dismissing a careless driving ticket often requires a strategic approach, and understanding the legal context is crucial.
- One strategy to consider is examining the ticket for any errors. Mistakes on the ticket, such as incorrect information about the vehicle or the driver, can sometimes be grounds for dismissal. It’s important to review all details meticulously, as even minor discrepancies might influence the outcome.
- Another potential strategy involves challenging the evidence. In many cases, the prosecution must prove the careless driving accusation beyond a reasonable doubt. If there is a lack of sufficient evidence, or if the evidence is not compelling, the court may decide in your favor. Gathering any evidence that contradicts the claims, such as witness statements or video footage, can strengthen your case.
- Enrolling in a defensive driving course is another option that might lead to the dismissal of the ticket. Arkansas traffic courts occasionally allow offenders to complete such courses as a means to reduce or dismiss charges. Successful completion of a defensive driving course demonstrates a commitment to improving driving habits, which can be favorably viewed by the court.
Consulting with our Bentonville traffic attorney is highly recommended to navigate these strategies effectively. Our experienced attorney understands Arkansas traffic laws and can provide tailored advice based on your specific situation. We can help you assess the strength of your case, represent you in court if necessary, and negotiate with prosecutors for a favorable outcome.
Arkansas traffic laws and procedures can vary by jurisdiction, so local expertise is invaluable. Certain courts might have unique policies or diversion programs that could influence the possibility of dismissal.
While getting a careless driving ticket dismissed in Arkansas is not guaranteed, exploring errors in the ticket, challenging evidence, completing a defensive driving course, and consulting with a knowledgeable attorney can improve your chances. Being proactive and informed about your options is key to achieving the best possible outcome.
Contact Our Bentonville Traffic Violation Attorney Today!
If you have been cited for a traffic violation in Arkansas, the consequences will vary depending on the severity of your violation. A first violation of a less serious speeding offense could call for a minimum fine and jail time, but enhanced circumstances like injury to another person in a reckless driving charge could impact your future driving privileges.
Call (479) 227-2716 or contact Bertucci Law Firm online to schedule a free initial consultation today.
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