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.)
Contents
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- References
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).
Alabama
Code of Alabama 1975, Title 32 (Motor Vehicles and Traffic), Section 32-5A-190 (Reckless driving):Alaska
Alaska Statutes, Title 28 (Motor Vehicles), Chapter 35 (Offenses and Accidents), Section 40. (Reckless Driving)Arizona
28-693. Reckless driving; classification; license; surrenderArkansas
Arkansas Code, Title 27 (Transportation), Subtitle 4 (Motor Vehicular Traffic), Chapter 50 (Penalties and Enforcement), Subchapter 3 (Offenses and Penalties Generally)California
California Vehicle Code§ 23103.5: Wet Reckless or Reckless Driving Involving Alcohol (Priorable as a California DUI)Amended Sec. 19, Ch. 739, Stats. 2001. Effective January 1, 2002.
Reckless Driving: Bodily Injury Vehicle Code 23104Amended Ch. 216, Stats. 1984. Effective January 1, 1985.
Colorado
Colorado Statute CRS 42-4-1401: Reckless Driving [5]//
Connecticut
Connecticut Statute GSC Section 14-222: Reckless Driving [6]Delaware
Delaware Statute DE Code Title 21 Section 4175: Reckless Driving [7]District of Columbia
District of Columbia DC Code Section 50-2201.04: Reckless Driving [8]Florida
Florida Statute Section 316.192: Reckless Driving [9]Georgia
O.C.G.A. § 40-6-390. Reckless Driving
(a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.(b) Every person convicted of reckless driving shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment, provided that no provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation.Hawaii
Hawaii Statute HRS Section 291-2: Reckless Driving [10]Idaho
Idaho Statute Section 49-1401: Reckless Driving [11]Illinois
Illinois Statute 625 ILCS 5/11-503: Reckless Driving [12]Indiana
Indiana Statute 9-21-8-52: Reckless Driving [13]commits a Class B misdemeanor.
Iowa
Iowa Statute Section 321.277: Reckless Driving [14]Kansas
Kansas Statute Section 8-1566: Reckless Driving [15]Kentucky
Kentucky Statute KRS 189.290 [16]Louisiana
Louisiana Statute RS 32:58: Careless Operation [17]Maine
Maine Statute MRS Title 29-A Section 2413: Driving to Endanger [18]Maryland
Maryland Statute MD Transp. Code Section 21-901.1: Reckless Driving [19]Massachusetts
Massachusetts Statute Chapter 89 [20]Michigan
Michigan Statute 257.626 Reckless driving on highway, frozen public lake, or parking place [21]Minnesota
Minnesota Statute 169.13: Reckless or Careless Driving [22]Mississippi
Mississippi Statute 63-3-1201 [23]Missouri
Missouri Statute MRS 304.012Montana
Montana Statute 61-8-301 [24]Nebraska
Nebraska Statute 60-6, 213 [25]Nevada
Nevada Statute NRS 484B.653 Reckless driving [26]New Hampshire
New Hampshire Statute 265:79: Driving Recklessly [27]New Jersey
New Jersey Statute 39:4-96New Mexico
New Mexico Statute NMS 66-8-113 [29]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]
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. [35]
North Carolina
North Carolina Statute NCGS section 20-140: Reckless Driving [36]North Dakota
North Dakota Statute ND Code Chapter 39-08-03 [37]Ohio
Ohio Statute ORC section 4511.20: Operation in willful or wanton disregard of the safety of persons or property [38]Oklahoma
Oklahoma Statute 47-11-901: Reckless Driving [39]Oregon
Oregon Revised Statutes[40] ORS 811.140 Reckless driving • 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
Pennsylvania Statute Title 75 Chapter 37 Section 36: Reckless Driving [42]Rhode Island
Rhode Island Statute Section 31-27-4: Reckless Driving [43]South Carolina
South Carolina Statute Section 56-5-2920 [44]South Dakota
South Dakota Statute 32-24-1: Reckless Driving [45]Tennessee
Tennessee Code §55-10-205: Reckless driving [46]Texas
Texas Statute Sec. 545.401: Reckless Driving [47]Utah
Utah Statute UT Code 41-6a-528 [48]Vermont
Vermont Statute 23 VSA Section 1091: Negligent operation; grossly negligent operation [49]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
§ 46.2-852. Reckless driving; general rule. – Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.§ 46.2-862. Exceeding speed limit. – A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.§ 46.2-868. Reckless driving; penalties. —List of applicable statutes from the Code of Virginia
§ 46.2-852. Reckless driving; general rule.§ 46.2-853. Driving vehicle which is not under control; faulty brakes.§ 46.2-854. Passing on or at the crest of a grade or on a curve.§ 46.2-855. Driving with driver's view obstructed or control impaired.§ 46.2-856. Passing two vehicles abreast.§ 46.2-857. Driving two abreast in a single lane.§ 46.2-858. Passing at a railroad grade crossing.§ 46.2-859. Passing a stopped school bus; prima facie evidence.§ 46.2-860. Failing to give proper signals§ 46.2-861. Driving too fast for highway and traffic conditions.§ 46.2-862. Exceeding speed limit.§ 46.2-863. Failure to yield right-of-way.§ 46.2-864. Reckless driving on parking lots, etc.§ 46.2-865. Racing; penalty.§ 46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties.§ 46.2-866. Racing; aiders or abettors.§ 46.2-867. Racing; seizure of motor vehicle.§ 46.2-868. Reckless driving; penalties.§ 46.2-869. Improper driving; penalty.§ 46.2-878.1. Maximum speed limits in highway work zones; penalty.§ 46.2-829. Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way§ 46.2-392. Suspension of license or issuance of a restricted license on conviction of reckless or aggressive driving; probationary conditions required; generally.§ 46.2-393. Suspension of license on conviction of certain reckless offenses; restricted licenses.§ 46.2-396. Suspension of license for reckless driving resulting in death of any person.Washington
RCW 46.61.500 Reckless driving - Penalty(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.
RCW 46.61.530 Racing of vehicles on highways - Reckless driving - Exception.