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Nevertheless, a driver who gets behind the wheel and drives knowing that he or she is intoxicated or drunk and that his or her physical condition is impaired might be found guilty of reckless driving.In deciding a reckless driving case, a court weighs the nature and degree of risk disregarded by the driver, the nature and purpose of his actions and the circumstances known to the driver while he was driving. The prosecution must show more than the driver's simple, gross or criminal negligence in proving reckless driving.
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