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Can my son change his plea after being charged with reckless operation?

Can my son change his plea after being charged with reckless operation?

Q: Is texting and driving negligence?

Yes, texting and driving is generally considered a form of negligence. If a driver is distracted by their phone and causes an accident, they may be held liable for damages. Laws vary by state, but many have specific statutes against texting while driving, which can further support claims of negligence.

Q: Is it illegal to text someone while they are driving?

While it is not illegal to text someone while driving, it is illegal to text and drive in many states. Laws prohibit drivers from using their phones for texting or other distractions while operating a vehicle. Violating these laws can result in fines and points on the driver's record, as well as increased risk of accidents.

Full question:

My son was charged with negligent driving for hitting a stopped vehicle because he said he was looking at his cell phone. He pleaded not guilty [against my advice]. They are now charging him with reckless operation. Can he now change his plea?

Category: Criminal
Subcategory: Pleas
Date: 04/07/2025
State: New Hampshire

Answer:

Generally, a defendant can change their plea from "not guilty" to "guilty" at almost any time. It’s advisable to plead "not guilty" at arraignment, even if feeling guilty, to allow time for legal consultation. A guilty plea can be entered later, but changing from a guilty plea back to not guilty is usually not allowed unless there’s evidence of coercion, deception, or misconduct that affected the plea (Fla. Stat. § 775.21).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How bad is a negligent driving charge?

A negligent driving charge can have serious consequences, including fines, points on your driving record, and potential increases in insurance premiums. It may also lead to a license suspension in some cases. The severity of the penalties often depends on the circumstances of the incident and the driver's prior record. It's important to consult with a legal professional to understand the specific implications in your state.

Is texting and driving negligence?

What is the difference between reckless driving and careless driving?

Reckless driving involves willful disregard for the safety of others, often characterized by aggressive behavior or high speeds. Careless driving, on the other hand, typically refers to a lack of attention or failure to exercise reasonable care, which may not involve intent to harm. Both can result in legal penalties, but reckless driving is usually treated more severely.