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In United States law, reckless driving is a major moving traffic violation. 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. (List specific to the USA.)
Reckless driving is often defined as a mental state in which the driver displays a wanton disregard for the rules of the road; the driver misjudges common driving procedures, often causing accidents and other damages. 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 this state.
There are some states, such as Virginia, where mental state is not considered, but rather a set of more than a dozen specific violations can be deemed reckless. Excessive speed by itself is sufficient for a reckless driving conviction in some jurisdictions (e.g., Virginia). Because of the seriousness of the charge (excepting Virginia's definitions) reckless driving may be equated to DUI by rental agencies and preclude the offender from renting a car for several years after the conviction).
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Alabama
Alaska
Arizona
E. The dates of the commission of the offense are the determining factor in applying subsection D of this section. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts. F. On pronouncement of a jail sentence under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than twelve hours per day nor more than five days per week. The defendant shall spend the remaining days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the defendant's actual hours of employment or schooling. [3] Arkansas
California
Amended Sec. 19, Ch. 739, Stats. 2001. Effective January 1, 2002.
Amended Ch. 216, Stats. 1984. Effective January 1, 1985.
Colorado
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Connecticut
Delaware
District of Columbia
(c) (c-1) (d) Any individual violating any provision of this section, except where the offense constitutes aggravated reckless driving, shall be subject to a civil fine under the District of Columbia Traffic Adjudication Act (§ 50-2301.01 et seq.). (e) A presumption shall exist that a reckless, careless, hazardous, or aggressive driving conviction that occurred in a foreign jurisdiction constitutes reckless driving as provided in subsection (b) of this section, unless the District can show evidence that the person met the requirements for aggravated reckless driving in subsection (b-1) of this section. (f) The fines set forth in this section shall not be limited by § 22-3571.01. Florida
Georgia
O.C.G.A. § 40-6-390. Reckless Driving
Hawaii
Idaho
Illinois
(b) Every person convicted of reckless driving shall be guilty of a Class A misdemeanor, except as provided under subsections (b-1), (c), and (d) of this Section. (b-1) Except as provided in subsection (d), any person convicted of violating subsection (a), if the violation causes bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of a Class 4 felony. (c) Every person convicted of committing a violation of subsection (a) shall be guilty of aggravated reckless driving if the violation results in great bodily harm or permanent disability or disfigurement to another. Except as provided in subsection (d) of this Section, aggravated reckless driving is a Class 4 felony. (d) Any person convicted of violating subsection (a), if the violation causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of aggravated reckless driving. Aggravated reckless driving under this subsection (d) is a Class 3 felony. Indiana
(2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed for a distance of less than five hundred (500) feet ahead; (3) drives in and out of a line of traffic, except as otherwise permitted; or (4) speeds up or refuses to give one-half (1/2) of the roadway to a driver overtaking and desiring to pass; commits a Class B misdemeanor.
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
(b) A person is guilty of negligent driving if he drives a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual. Massachusetts
Michigan
Minnesota
Subdivision 2.Careless driving. Subdivision 3.Application. (b) This section does not apply to: Mississippi
Missouri
Montana
(b) As used in this section: Nebraska
Nevada
2. If, while violating the provisions of subsections 1 to 5, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsection 1 or 2 of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the violation constitutes reckless driving. 3. A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and: (b) For the second offense, shall be punished: (c) For the third and each subsequent offense, shall be punished: 4. A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and: (b) For the second offense: (c) For the third and each subsequent offense: 5. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 4, the court: 6. Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000. 7. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.130 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550. 8. As used in this section, "organize" means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest. New Hampshire
New Jersey
New Mexico
New York
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 (up to 90 or 180 days for certain repeat offenders) 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. [30] [31] [32] [33] [34]
§ 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. [35]
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
[40] ORS 811.140 Reckless driving o penalty (1) 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. (2) The use of the term recklessly in this section is as defined in ORS 161.085 (Definitions with respect to culpability). (3) The offense described in this section, reckless driving, is a Class A misdemeanor and is applicable upon any premises open to the public. [1983 c.338 §571]
Amended July 1, 2007 [41]
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
(c) Notwithstanding Section 542.001, this section applies to: (d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface. Utah
(2) A person who violates Subsection (1) is guilty of a class B misdemeanor. Vermont
(b) Grossly negligent operation. (c) The provisions of this section do not limit or restrict the prosecution for manslaughter. (d) A person convicted of violating subsection (b) of this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI Enforcement Fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge. 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 (as widely reported), however, it is punished as a Class 1 misdemeanor. For example, Virginia code Virginia Code § 46.2-862 explicitly defines the act of speeding 20 mph or more above the posted speed limit (or at any speed greater than 80 mph) as reckless driving.
Drivers convicted of reckless driving in Virginia, including out-of-state and foreign (e.g. Canadian) 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 (DMV) 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
(1) 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.
West Virginia
Wisconsin
(2) No person may endanger the safety of any person or property by the negligent operation of a vehicle. (2m) No person may recklessly endanger the safety of any person by driving a vehicle on or across a railroad crossing in violation of s. 346.44 (1) or through, around or under any crossing gate or barrier at a railroad crossing in violation of s. 346.44 (2). (3) No person may cause bodily harm to another by the negligent operation of a vehicle. (4) No person may cause great bodily harm to another by the negligent operation of a vehicle. Wyoming
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