Reckless Driving Laws

From speeding to running a red light, traffic violations happen all the time. Even a generally careful driver may make a mistake or act imprudently on a particular occasion. Some violations go beyond carelessness, though, and may lead to more severe consequences than a ticket or a warning. Anyone who has been arrested for alleged reckless driving should take the situation seriously and contact an attorney who is experienced in these cases. A driver should not talk to the police or prosecutors in the meantime, even if they seem friendly. Any statements that a suspect makes may undermine a possible defense.

What Is Reckless Driving?

Reckless driving consists of various extreme behaviors behind the wheel that put other people at risk.

Elements of Reckless Driving

Definitions of reckless driving vary by state, but often a prosecutor will need to prove that the defendant operated a vehicle with a willful or wanton disregard for the safety of other people or their property. Laws also may refer to driving that unreasonably endangers other people.

Some states classify certain types of conduct as "per se" (automatic) reckless driving. For example, Florida provides that fleeing a law enforcement officer in a vehicle is reckless driving per se. In Utah, speeding at 105 miles per hour or greater is automatically considered “willful or wanton disregard for the safety of persons or property.” Minnesota specifically provides that racing (comparing or contesting relative speeds) is reckless driving, regardless of whether the vehicles exceed the speed limit.

Examples of Reckless Driving

Phil buys a new sports car and challenges his friend Patrick to a race down the freeway. They dart around other cars at speeds greatly exceeding the limit and without signaling lane changes.

Pam is frustrated by the traffic ahead of her on a busy street. She crosses the center line and drives down the other side of the street, forcing cars on that side to stop or swerve to avoid a head-on collision.

Offenses Related to Reckless Driving

Some other offenses that could be charged in situations similar to those supporting a reckless driving charge include:

• Vehicular homicide: perhaps the defendant’s reckless driving caused a crash in which someone else died
• Hit and run: perhaps the defendant hit someone else’s vehicle and left the scene without stopping
• Driving on a suspended license: could be charged if the DMV already had withdrawn the defendant’s driving privilege based on previous violations
• Driving without a license: perhaps the defendant never had a driver’s license
• DUI: sometimes a driver acts recklessly because they are under the influence of alcohol or drugs

A driver charged with DUI might agree to plead guilty to reckless driving in exchange for dropping the DUI charge, which may carry greater penalties. This type of reckless driving conviction is often known as a “wet reckless.”

Defenses to Reckless Driving

One strategy involves arguing that the driver had a less culpable mental state than what the statute requires. Perhaps they simply drove carelessly rather than with a willful or wanton disregard. Or the defendant might argue that they were a passenger in the vehicle rather than the driver. They also might have an emergency defense in limited situations, such as if they were rushing someone else to the hospital to deal with an urgent, serious medical condition. A defense called “duress” might defeat the charge if someone else in the vehicle was forcing the defendant to drive in a certain way at gunpoint or under some other threat of imminent harm.

Penalties for Reckless Driving

Unlike most ordinary traffic violations, reckless driving may result in jail time. However, a first-time offender probably will not spend a long time behind bars. Here are some potential periods of imprisonment in selected states:

• Arizona: up to 4 months
• California: 5-90 days
• Florida: up to 90 days
• Illinois: less than 1 year
• Michigan: up to 93 days
• New York: up to 30 days
• Texas: up to 30 days
• Virginia: up to 12 months

Penalties may increase in certain situations. In California, for example, reckless driving may result in 30 days to six months in jail if it causes injuries to someone other than the driver. If someone other than the driver suffers any of certain serious injuries, such as a concussion, a broken bone, or paralysis, this becomes a “wobbler” that may be charged as a felony or a misdemeanor. If it is charged as a felony, a driver could face 16 months or two or three years. Meanwhile, Michigan imposes up to five years if reckless driving causes serious impairment of a body function to another person, or up to 15 years if it causes someone else’s death.

A driver also may face a fine and a period of license suspension or revocation. For example, a judge in Arizona may order the license of a person convicted of reckless driving to be suspended for up to 90 days. A driver convicted of reckless driving under the general statute in Virginia may face a suspension lasting 10 days to six months. Certain per se violations may result in a suspension between 60 days and six months, while racing carries a suspension of six months to two years.

Last reviewed October 2024