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Reckless Driving

Reckless Driving

Reckless Driving is a moving traffic violation defined by intentionally driving while displaying a wanton disregard for public safety and common driving rules. As a result, the driver causes wrecks, accidents, injuries or property damage. In general, Reckless Driving, by being more than mere negligence, is a more serious crime than "driving without due care and attention" or "improper driving". A few examples would be escaping from the police after a traffic stop, ignoring signals and traffic signs, texting and driving.

Depending on the circumstances surrounding the incident, someone charged with Reckless Driving might be charged with additional offenses, such as Driving While Intoxicated (DWI), hit-and-run, vehicular assault, street racing, and speeding. Each added conviction carries extra substantial penalties, fees and jail time.

Causes of Reckless Driving

Experts have found that people who engage in reckless and emotion-driven behaviors have difficulties regulating their thinking. Others believe it is a desire to test limits and have difficulty with impulse control.

Actions speak volumes:

Speeding and Impatience

Speeding coupled with impatience is the definition of reckless driving. Driving too fast for conditions can lead to catastrophic crashes and fatal injuries, such as passing a school bus illegally or crossing a railroad junction just to get to a meaningless appointment. Every person who decides to sit behind the wheel of a vehicle accepts the responsibility to drive in a non-reckless manner and obey the road laws of the land.

Drivers fear that others on the road are too aggressive, faster, and more reckless than ever before. A new survey from Nationwide Insurance says 59% of Gen Z operators are incredibly impatient, and 47% are driving faster.

Drunk and Impaired Driving

Based on statistics every 39 minutes, a person dies because of a drunk driver. In 2022,13,524 souls lost their lives due to a drunk driver getting behind the wheel. Driving under the influence while impaired by alcohol, recreational drugs, or prescribed drugs to a level that renders the driver incapable of operating a vehicle safely is considered a criminal act.

The distinction between reckless driving and a DUI is how the legal system handles the charge. Reckless driving is usually categorized as a severe traffic violation, whereas a DUI is a criminal act punishable by fines and jail time. Depending on the nature of the DUI charge, drivers may be fined more than $10,000 and sentenced to more than 15 years in prison if serious bodily injury occurs.

Distracted Driving

Distracted and reckless driving behaviors are different in the eyes of the law. Driving recklessly is a complete disregard for the safety of others, while distracted driving is any activity that takes a driver’s eye away from the road. Deliberate distractions can be considered reckless if the distractions are ongoing and dangerous.

Experts recognize three types of road distractions:

  • Cognitive is not being mentally present when driving, such as daydreaming or talking with others. Our minds wander when listening to music, podcasts, or the radio.
  • Visual distractions mean looking at something outside the vehicle or keeping eyes on the kids in the back seat. The NHTSA says taking your eyes off the road for a scant five seconds is similar to driving the length of a football field with your eyes closed.
  • Manual distractions include reaching for something inside the vehicle, texting, or talking on a phone - any activity that may cause the driver’s hands to pull the steering wheel, which may cause the vehicle to veer into traffic.

Aggressive Driving and Road Rage

Aggressive and reckless driving, such as weaving in and out of traffic, running red lights, tailgating, and changing lanes without signaling, can quickly put others at risk. When reckless drivers lose control, their lack of restraint can quickly devolve into a rage with serious consequences. Reckless driving and road rage behaviors completely disregard safety protocols. If you witness signs of out-of-control aggressive driving, immediately report these drivers to the police. AAA Foundation for Traffic Safety has published some scary facts on aggressive driving and road rage behaviors.

Ignorance of Traffic Laws

Ignorance of traffic laws cannot be used as a valid defense for reckless driving. However, courts across the land have stated that every road user, driver, cyclist, passenger, or pedestrian has the responsibility of care and caution for others. Liability for an accident comes down to who was careful and who was reckless. With most liability accidents, cases usually turn on the Duty of Care clause and whether the driver exercised this legal obligation.

Legal Consequences of Reckless Driving

CLegal Consequences of Reckless Driving

Reckless Driving is a wanton disregard for the safety of others. Each state considered reckless driving a serious traffic offense. Depending on state law and driving history, a conviction will result in penalties, jail time, or both.

Jail Time for Reckless Driving

The punishment for Reckless Driving could include jail time. Depending on the circumstances, if the Reckless Driving offense is qualified as a misdemeanor, the driver could serve up to twelve months in jail, on top of other penalties, probation, demerit points on the driving record and license suspension. If it is considered a felony, it means prison time for at least one year. For instance in Virginia, if someone not involved in a drag race is killed, the guilty driver could face a penalty of up to 20 years in prison.

Penalties and Fines Of Reckless Driving

Each state decides on the penalties for breaking its road laws. Reckless driving is a criminal offense in some states, while others deem it a serious traffic violation. However, in all cases, it is an introductory offense, and the key is bodily harm.

If the driver operated their vehicle recklessly, the offender might be charged only with a traffic violation. However, if the reckless driving resulted in another driver or pedestrian being hurt, the charge is quickly elevated to a felony, with the possibility of several months in prison. If another person dies because of reckless driving, a Vehicular Manslaughter or Vehicular Homicide charge would be imminent.

Reckless driving penalties range in severity from a simple fine and probation to serious charges of jail time, loss of driving privileges, and driver’s license. Again, the key is bodily harm and whether a person dies or experiences severe trauma from the accident.

State examples:

  • Arizona: Reckless driving is a Class 2 Misdemeanor. The judge may require the surrender of a driver’s license and the suspension of a person’s driving privileges. If the person has a prior conviction of Reckless driving, the charge is upgraded to a Class One Misdemeanor, which carries no less than 20 days in jail.
  • California: Reckless Driving and Reckless Driving with bodily harm. A conviction without bodily harm requires between 5 and 90 days of jail time. With bodily harm, it requires imprisonment between 30 days and six months.
  • Florida: Reckless Driving wanton disregard for others and fleeing a law enforcement officer. 1) First conviction, imprisonment for no more than 90 days. 2) Second conviction, no more than six months provision time. 3) Serious bodily injury, five years in prison, considered.
  • New York: Reckless Driving operating any motor vehicle powered by any force other than muscular power in a manner that interferes with the free and proper use of a public highway. The first offense is jail time to 30 days; the second offense is up to 90 days in jail, and the third offense is 180 days in jail.

Difference Between Driving Infractions and Criminal Charges

Driving infractions only carry administrative penalties, whereas criminal charges lead to a criminal record. Reckless Drivingis usually considered a non-criminal infraction only for first-time offenders. The punishment does not include jail time nor criminal charges, just license suspension, possible fines, and demerit points added to the driving record. As an indirect consequence, insurance premiums will rise. When qualified as a misdemeanor or felony, Reckless Driving is a criminal traffic offense, punishable with higher fines, license revocation, and imprisonment.

Impact on Driving Record and Insurance Premiums

Impact on Driving Record and Insurance Premiums

Reckless driving can be charged as a misdemeanor or quickly upgraded to a felony, depending on the circumstances. It is rare to be charged solely with reckless driving. It is often an add-on to other charges, such as driving under the influence of drugs or alcohol, road rage, racing, eluding a police officer, and more. In most states, a reckless driving offense stays on the driver's record for up to seven years. However, in Ohio, the charge can be permanent unless it is dismissed at trial or the driver is found not guilty. Texas considers reckless driving as a separate offense and is always a permanent addition to the driving record. No matter the state, expect your insurance premiums to rise. Again, depending on the insurance company and state, premiums skyrocket. A significant contributor to the rise is the points added to the driver’s license. States automatically add up to six points and, depending on other charges, a lot more.

Insurance companies look harshly at reckless driving charges because they consider them among the worst offenses. Jurisdictions will suspend a license if enough points are accumulated. Residual financial penalties can run into the thousands due to the rise in premiums and defensive driving courses.

Differences in Penalties Across States/Countries

Traffic violations, regardless of the state, always carry some degree of fines, probation, suspension, or criminal charges. The difference, in most cases, boils down to having a capable attorney - one who is fully versed in the laws of the road.

Reckless driving is not a singular offense; instead, it is a pattern of behavior that adds other charges. The key to every reckless driving charge is bodily and property harm or death. If the reckless driver injures another operator or pedestrian, jail time is a given, and a fine depends on the injury and amount of damage. Every state and country considers reckless or hazardous driving a willful disregard for the laws of their roads. States and countries feel reckless driving is a threshold issue, and more must be done than just a charge of negligence.

Reckless Driving and Insurance

No person’s life will be more affected by a reckless driving conviction than their insurance premium. The increase is calculated using a point system and the person’s driving history. If the charge is upgraded to a felony, courts use the federal sentencing guidelines or the Conviction Point system.

If the charge is a misdemeanor or less, insurance companies rely heavily on the driver’s license points to determine rates. A first conviction adds two points, a second conviction adds another two, and so on. There is a maximum number of points allowed in all states before the license is suspended. However, states reduce points by half after one year of no-incident driving.

How Reckless Driving Affects Auto Insurance Rates

There are dozens of factors insurance companies use to calculate a premium, with the point system and driving history being two of the most prominent. Reckless driving, DUI, and speeding can raise rates by as much as 200%. Parents know the worst that can happen to their premium is adding a 16-year-old driver, meaning a 127% increase. Reckless driving is a huge red flag, and most firms classify this charge as a major violation, just below a DUI.

Steps to Take if You Have Been Charged With Reckless Driving

Reckless Driving Charge

Every driver must understand that a reckless driving charge is similar in nature to a DUI. It is not a simple traffic violation and is usually an add-on charge to other serious offenses. The internet is packed with advice columns and 5, 7, and 10 ways to handle a conviction.

  • Stay calm at the scene and be respectful of all police officers, no matter the circumstances!
  • Do not miss a court date. If you do, be prepared to spend at least one night in jail for contempt of court.
  • Make sure to hire a capable attorney; this decision may keep you out of prison!
  • Prepare for court and consider a plea bargain. If the charge is coupled with a DUI, there are two types of plea bargains.
  • Prepare a solid defense strategy. A common defense is to show that the accused did not have the intent to act dangerously. Intent is the key!
  • Consider a jury trial if you are in the right.

Tips For Finding Affordable Insurance After a Reckless Driving Conviction

As mentioned earlier, when it comes to traffic violations, only a DUI or a conviction with death or bodily harm has a more adverse effect on a driving record. Depending on the jurisdiction, expect insurance premiums to at least double for five to seven years or until the charge drops off. In some states, such as California, a reckless driving charge stays on a driving record for ten years.

Average increase of premiums from large carriers:

CompanyAvg. Premium Before the ChargeAvg. Premium After the ConvictionPercentage Increase
State Farm$718.00 per year$2248.00 per year213%
AAA$1044.00$1834.00247%
Allstate$781.00$2320.00197%
GEICO$462.00$789.0071%
Nationwide$890.00$2471.00178%
Travelers$639.00$1321.00107%

Insurance for a high-risk driver is possible depending on the number of points, driving history, credit scores, and other factors. Insurers protect themselves by charging higher premiums to high-risk drivers.

Use the following tips:

  • Talk to your current insurer to see what discounts they offer. Be upfront and honest with the agent; do not hide anything.
  • Find out the effect a defensive driving course has on a premium. Every little bit helps.
  • Offer to pay the total yearly premium and increase your current deductible.
  • If you own a home or multiple cars, consider bundling coverage.
  • If the premium is still too high, check to see if the carrier offers financing.

If these tips do not work, start shopping around; there are hundreds of high-risk carriers.

Is Reckless Driving a Felony or a Misdemeanor?

Drivers must never consider a reckless driving charge as a simple traffic violation, such as double parking. Reckless driving proves to the court a willful disregard for the safety of others.

Most states consider reckless driving as a misdemeanor, with serious penalties added to the driving record. Again, depending on the circumstances, state law, previous driving history, and aggravating factors, a misdemeanor charge can easily be elevated to a felony charge if any of the following occurs.

  • If the driver is engaged in a road race and causes serious bodily harm to another person, specific penalties differ from state to state. However, most experts agree reckless driving is one of the more severe offenses, carries a minimum jail time of 30 days, and is punishable by significant fines.
  • If someone is killed, vehicular manslaughter or vehicular homicide is always on the table, along with other allegations the police can throw at you. It is not uncommon to see a prison sentence of ten years or more for aggravated vehicular manslaughter or homicide.
  • Most states consider reckless driving a misdemeanor; driving with a revoked or suspended driver’s license is also deemed a misdemeanor. Again, depending on individual circumstances and driving history, a revoked license or reckless driving charge is dependent on being knowingly negligent. Was there a willful or wanton disregard attached to the reckless driving?

Driving Recklessly vs. Driving Carelessly

Although state laws differ when defining the two, careless driving is essentially a less hazardousform of Reckless Driving that implies driving without due caution. In other words - operating a motor vehicle in a way that puts people or property in danger. Driving Carelessly means the driver is not paying attention and ends up running a red light, swerving, distracted driving, failing to use a turn signal, speeding, riding too close to other vehicles, carelessly overtaking, among others. Careless Driving convictions add two points to a driver’s driving record and resultin a fine.

Reckless Driving, on the other hand, include stailgating, speeding excessively of over 25 miles over the speed limit indicated, weaving through traffic, operating moving vehicles known to have dangerous flaws or faulty brakes or racing, illegal passing on a curve or by using the opposing traffic lane and passing a stationary school bus.

Ways to Reduce "Reckless Driving" Charges

A Reckless Driving can be reduced to "improper driving" if the reckless driving degree is "slight", and it is based on inattentiveness or carelessness. The penalty for improper driving is less harsh and it just involves a fine and up to three DMV points that will stay on the driving record for three years. Another way around this is having the charge reduced to a speeding ticket – meaning a fine and four DMV points kept on the record for five years – punishment is tougher than in case of an improper driving, still, it’s less severe than for a Reckless Driving conviction.

Challenging a Reckless Driving Charge

Here are some legitimate procedural and legal arguments to contesta Reckless Driving charge:

  • Radar/LIDAR Calibrations – faulty calibration precision of the device used for measuring the speed;
  • Speed Limit – the prosecutor couldn’t prove the speed limit related to the Reckless Driving violation;
  • Wrong Driver – in case of a stolen identity or if the driver was mistaken for someone else;
  • Wrong Jurisdiction – when the police officer is from another area, or when the road is private property, not a "highway".
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