Reckless Driving: A Dangerous Offense With Serious Consequences

Reckless driving is an extremely serious traffic violation that can lead to devastating consequences. Unlike simple speeding or traffic infractions, reckless driving is a criminal offense that can result in heavy fines, license suspension, and even jail time in some states. This article will examine what constitutes reckless driving, penalties for a conviction, and how to build an effective legal defense against reckless driving charges.

What is Reckless Driving?

Reckless driving laws vary slightly by state, but generally involve operating a vehicle in a way that shows a willful or wanton disregard for safety. Going 20 mph or more over the speed limit or over 85 mph is almost always considered reckless driving. But other dangerous behaviors may also lead to a reckless driving charge, including:

• Aggressive driving – weaving in and out of traffic, tailgating, unsafe lane changes
• Racing or drag racing, including “street racing”
• Passing a stopped school bus
• Fleeing from police
• Driving through a safety zone or pedestrian crosswalk
• Driving the wrong way on a one-way street
• Causing an accident that results in injury or property damage
• Driving with a suspended or revoked license

Unlike careless driving, reckless driving always requires an element of willfulness or knowledge of the risk. Simple negligence or errors in judgement are not enough to prove reckless driving. The driver must be aware of the danger and choose to disregard it.

Penalties for Reckless Driving

A reckless driving conviction leads to much harsher penalties than a routine traffic ticket. It is a misdemeanor criminal offense in most states. Exact penalties vary, but generally include:

• Heavy fines, from $250 up to $2,500 in some states
• License suspension for 30 days up to 1 year
• Possible jail sentence of 5 days to 6 months
• 6-8 demerit points against your driver’s license

In some states, penalties increase for repeat offenses within a certain time period. Reckless driving also leads to much higher insurance rates, often doubling premiums even for first-time offenses. Some insurers may even drop your policy after a reckless driving conviction.

Building a Strong Defense Against Reckless Driving Charges

The first step after a reckless driving citation is retaining an experienced traffic lawyer or criminal defense attorney. An attorney can review the evidence against you, examine any weaknesses in the prosecution’s case, and build the strongest defense possible.

Common defenses against reckless driving charges include:

• Lack of evidence – The burden is on the prosecution to prove every element of reckless driving beyond a reasonable doubt. If the evidence is weak, an attorney can work to get charges reduced or dismissed.
• No willful disregard of safety – Simply making an error in judgement is not enough to prove reckless disregard. Your lawyer can argue you did not willfully or knowingly drive dangerously.
• Invalid traffic stop – If you were pulled over without probable cause, any evidence obtained after is inadmissible. An attorney can file a motion to suppress evidence from an illegal stop.
• Speedometer calibration issues – Radar and other devices can be inaccurate. Your lawyer may be able to obtain records to show the equipment was not properly calibrated.
• Medical conditions – Certain medical emergencies can mimic signs of reckless driving. Your attorney can argue you were having a diabetic episode or other health crisis.
• Necessity – In very rare cases, it may be argued dangerous driving was necessary to avoid a greater harm. But strict conditions apply.
• Plea bargains – Your lawyer may be able to negotiate with the prosecution to plead to a lesser offense like careless driving to avoid a criminal conviction.

Consequences of a Reckless Driving Conviction

If efforts to dismiss or reduce charges are unsuccessful, a reckless driving conviction can negatively impact your life for years to come. Consequences include:

• Criminal record – Reckless driving is a permanent criminal conviction that remains on your record. It can affect schooling, employment, professional licensing, and more.
• Insurance increases – A reckless driving conviction nearly doubles insurance rates on average. Premiums may remain high for 3-5 years. Some insurers may drop your policy.
• License suspension – Most states suspend your license for 30 days up to 1 year. You may be able to obtain a restricted license, but only for essential purposes like work or school.
• Future traffic stops – Police view prior reckless driving convictions as a red flag. You are more likely to face citations and suspicion in future traffic stops.
• Increased penalties for future offenses – Any traffic violation within a certain period after your conviction leads to increased fines and license suspension periods.