Reckless Driving Citation in Minnesota
We previously discussed the reckless driving charge as a misdemeanor offense in this blog here. Whether it is a reckless driving charge for reckless disregard of the risks to others or for street racing, the most common charge level is for a misdemeanor. But, under certain circumstances, the reckless driving citation can be a gross misdemeanor offense when the driving conduct causes ‘great bodily harm.’ From our experience, this can often be overcharged when the facts simply do not support this level of harm. So, let’s dive into what this means and how to fight this serious charge.
What is Great Bodily Harm?
First, great bodily harm is defined as “bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.” It must be highlighted that great bodily harm requires permanent disfigurement, or permanent or protracted loss or impairment.
To better understand this, an overview of the three levels of harm in the criminal system is helpful. The lowest level of criminal harm is simply ‘bodily harm,’ which is pain or a bruise, for instance. Next is ‘substantial bodily harm,’ which is commonly associated with a broken bone. The highest level of criminal harm is ‘great bodily harm,’ which is more than a broken bone and instead covers permanent injuries, as defined above.
How Can You Fight These Charges?
Second, fighting this gross misdemeanor charge is critical and can be instrumental in a successful reckless driving defense. Recently, we have noticed this gross misdemeanor reckless driving charge being overcharged. An example – a client may or may not have been engaging in street racing. Regardless, that alone is not sufficient to justify a gross misdemeanor charge. But, as part of the incident, our client got into a single-vehicle accident and his passenger suffered a separated shoulder. The City charged it as a gross misdemeanor. Understanding that a separated shoulder is not a permanent or protracted injury, we filed a motion to dismiss this gross misdemeanor charge and were successful.
Importantly, the analysis does not turn on what injuries could have resulted from the alleged reckless driving conduct. It is what happened that matters. And case law on the issue of what is not great bodily harm is favorable when fighting this charge (and perhaps surprising when you read what doesn’t constitute great bodily harm). One court of appeals decision determined that a gunshot to an abdomen was not great bodily harm. Two knife cuts to the back of a neck and ear were insufficient. And even a fractured tibia and concussion which healed in six weeks were not enough to be great bodily harm.
Understanding the statutory definition and case law interpretation of great bodily harm can lead to a strong fight against overzealous prosecutors. And it affords negotiation opportunities to avoid a reckless driving conviction altogether on your record. We have done exactly that for our clients.
Contact a Minnesota Criminal Defense Attorney to Fight Reckless Driving Charges
A reckless driving charge is one of the most serious traffic offenses a person can be cited with and is likely to cause insurance premiums to rise and perhaps even impact jobs and/or professional licenses. That’s just for misdemeanor level offenses. A gross misdemeanor reckless driving charge is even more serious and will be cause for concern given the nature of the offense. If you’ve been cited for reckless driving, you need a traffic ticket attorney that knows the law, how to fight it, and how to get an outcome that puts you in the right position moving forward without it holding you back.