What Is Reckless Driving?

Reckless driving is a serious traffic offense that goes beyond a simple moving violation. It involves driving behavior that shows a blatant disregard for the safety of others or property. Reckless driving charges are often more severe than typical traffic violations, with penalties that can include hefty fines, license suspension, or even jail time.

Definition of Reckless Driving

The exact definition of reckless driving varies by state, but it generally refers to operating a vehicle in a manner that:

• Endangers the safety of others.
• Demonstrates willful or wanton disregard for traffic laws.

Unlike ordinary negligence, reckless driving implies that the driver knew or should have known their actions were dangerous but continued regardless.

Examples of Reckless Driving

Common examples of behavior that can lead to a reckless driving charge include:

• Excessive Speeding: Driving significantly over the posted speed limit, often 20+ mph over the limit.
• Street Racing: Engaging in competitive or drag racing on public roads.
• Aggressive Driving: Tailgating, weaving through traffic, or failing to yield.
• Ignoring Traffic Signals: Running red lights or stop signs without regard for safety.
• Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs can lead to reckless driving charges, even if separate DUI charges are not filed.
• Passing in Unsafe Conditions: Passing on blind curves or near the crest of a hill.
• Distracted Driving: Using a phone, texting, or engaging in other distractions that result in unsafe driving.

Penalties for Reckless Driving

The penalties for reckless driving depend on the circumstances of the offense and state laws but often include:

Fines:  Penalties can range from a few hundred dollars to thousands, depending on the severity of the offense.

License Suspension:  Reckless driving convictions can result in the suspension or revocation of your driver’s license.

Jail Time:  In some cases, reckless driving is charged as a misdemeanor or felony, which can carry jail sentences ranging from a few days to several months.

Points on Driving Record:  Reckless driving typically adds significant points to your driving record, which can lead to higher insurance rates or even license suspension.

Felony Charges (in Severe Cases):  If reckless driving causes serious injury or death, it may be charged as a felony, with penalties including substantial prison time and long-term license revocation.

Is Reckless Driving a Misdemeanor or Felony?

• Misdemeanor Reckless Driving: Most reckless driving offenses are classified as misdemeanors.
• Felony Reckless Driving: In cases involving severe injuries, fatalities, or extensive property damage, reckless driving can be elevated to a felony charge.

Reckless Driving vs. Careless Driving

Reckless driving and careless driving are often confused, but they differ in terms of intent:

• Reckless Driving: Implies deliberate disregard for safety or laws.
• Careless Driving: Indicates unintentional negligence, such as failing to check blind spots or minor speeding.

Reckless driving carries harsher penalties because it suggests a higher degree of fault.

Defenses Against Reckless Driving Charges

If you are charged with reckless driving, several defenses may be available to challenge the accusation:

Challenging Evidence:  Question the accuracy of speed-detection devices or the officer’s observations.

Lack of Intent:  Argue that your actions were unintentional and do not meet the legal threshold for recklessness.

Emergency Situations:  Demonstrate that your driving behavior was necessary to avoid a greater danger (e.g., rushing to a hospital in a life-threatening situation).

Mistaken Identity:  Provide evidence that another driver, not you, was responsible for the reckless behavior.

Improper Traffic Stop:  Argue that the officer lacked reasonable suspicion to stop your vehicle.

How to Handle a Reckless Driving Charge

If you’re charged with reckless driving, taking the following steps can help protect your rights:

• Hire an Attorney: An experienced SMITH | ASHCRAFT attorney can review your case, gather evidence, and negotiate with prosecutors.
• Understand the Charges: Learn about the specific allegations against you and the potential penalties.
• Attend All Court Hearings: Failing to appear in court can lead to additional penalties.
• Consider a Plea Deal: In some cases, your attorney may be able to negotiate a reduction to a lesser charge, such as improper driving.

Reckless driving is a serious offense with far-reaching consequences, including potential jail time, fines, and a criminal record. If you’ve been charged with reckless driving, it’s essential to act quickly and consult with a qualified SMITH | ASHCRAFT attorney to build a strong defense.

Our experienced traffic attorneys are here to help you navigate reckless driving charges and protect your driving privileges.

Contact us today for a consultation and personalized legal guidance.