In United States law, reckless driving is a major moving traffic violation that generally consists in driving a vehicle with willful or wanton disregard for the safety of persons or property. It is usually a more serious offense than careless driving, improper driving, or driving without due care and attention and is often punishable by fines, imprisonment, or driver's license suspension or revocation. This term is specific to the law of the United States. Outside of the United States, reckless driving if committed in other countries would be termed as dangerous driving. Reckless driving has been studied by psychologists who found that reckless drivers score high in risk-taking personality traits. However, no one cause can be assigned to the mental state. Depending on the jurisdiction, reckless driving may be defined by a particular subjective mental state that is evident from the circumstances, or by particular driver actions regardless of mental state, or both.
State laws
Alabama
Alaska
Arizona
Arkansas
California
Amended Sec. 19, Ch. 739, Stats. 2001. Effective January 1, 2002. Amended Ch. 216, Stats. 1984. Effective January 1, 1985.
39:4-96. A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both. On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both.
Reckless Driving in New York is not a non-criminal "petty offense" or "traffic infraction." Reckless Driving is a "misdemeanor" and therefore a "crime." A conviction for Reckless Driving is a conviction for a crime and such a conviction results in a permanent criminal record. Other than in the New York City Criminal Court, an adult defendant has a right to a jury trial for all misdemeanors, including Reckless Driving. If convicted of Reckless Driving, a defendant must be sentenced to up to 30 days in jail and/or a fine of up to $300 plus a court surcharge of at least $70. Additionally, if convicted, the DMV will assess 5 points on your driving record.
A New York reckless driving charge is an unclassified misdemeanor, punishable as follows:
OFFENSE
MAXIMUM FINE
MAXIMUM JAIL TIME
POINTS
1st
$300
30 days
5
2nd
$525
90 days
5
3rd
$1,125
180 days
5
New York VEHICLE & TRAFFIC LAW Section 1212. Reckless Driving
§ 1212. Reckless driving. Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
ORS 811.140 Reckless driving • penalty A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property. The use of the term recklessly in this section is as defined in ORS 161.085. The offense described in this section, reckless driving, is a Class A misdemeanor and is applicable upon any premises open to the public. Amended July 1, 2007
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
The Code of Virginia has many articles pertaining to reckless driving. It is considered a violation of the code of motor vehicles, not a violation of the code of crimes and offenses generally, however, it is punished as a Class 1 misdemeanor. For example, Virginia codeVirginia Code § 46.2-862 explicitly defines the act of speeding 20 mph or more above the posted speed limit as reckless driving. Drivers convicted of reckless driving in Virginia, including out-of-state and foreign drivers, will not have a criminal record from this conviction since the statute applies under title 46.2 and not title 18.2. The conviction is not indexed in the National Crime Information Center nor is it reported to the Virginia Central Criminal Records Exchange. However, the conviction is indexed in the Virginia General District Court Online Case Information System and is added to the Virginia Department of Motor Vehicles record for 11 years, and six demerit points are applied. A person charged with reckless driving, if they show that their actions, while they do show insufficient care or failure to properly operate a vehicle, but are not truly serious enough to reach the level of reckless driving, may instead be convicted by the court of the lesser included offense of improper driving which is considered a traffic infraction. This potential reduction in level of offense is only available at trial, as a law enforcement officer can only write a traffic ticket or summons for reckless driving, they do not have the ability to write a ticket for improper driving. Commonly applied statutes for reckless driving List of applicable statutes from the Code of Virginia
Washington
Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to three hundred sixty-four days and by a fine of not more than five thousand dollars.
