What Is Reckless Driving? Definition, Examples, and State Laws
Every driver should know the importance of staying safe while operating a motor vehicle. Obeying road rules, practicing defensive driving, avoiding tailgating, and being a courteous and level-headed driver are crucial for safe driving. This good behavior keeps you from getting expensive tickets, marks on your driving record, or losing your driver's license. More importantly, safe driving reduces your risk of being involved in accidents and causing bodily injury to yourself, your passengers, or other motorists.
The good news is that you can avoid most accidents and fatalities caused by reckless driving. Below, we'll explore exactly how certain states define reckless driving, review some examples, and discuss several state laws and penalties regarding the issue.
What Is Reckless Driving?
We've all heard the term "reckless driving," and while we know it's bad, many of us may not know what actual behaviors constitute reckless driving. According to California Vehicle Code 23103, "a person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving."
Reckless driving goes beyond careless or negligent driving. However, keep in mind that each state has different definitions of what constitutes reckless driving—although they are generally similar. Penalties for reckless driving also vary from state to state.
Examples of Reckless Driving
Looking at real-world examples of reckless driving can make it easier to understand the type of driving it encompasses. Here are some of the most common ways motorists dismiss or ignore safe driving practice and engage in reckless driving.
Disregarding stop signs and red lights. Failing to stop at stop signs and red lights can end up causing great bodily harm to yourself or other motorists. Running a red light or stop sign can also get you slapped with a reckless driving charge if a police officer sees you do it.
Driving the wrong way down a road. Using the wrong lane is dangerous and can lead to deadly head-on collisions.
Racing other cars. It's unacceptable to willfully engage in street racing with another vehicle on a public road. You could risk a reckless driving charge that could lead to license suspension.
Driving through a crowd or on a sidewalk. Plowing through a crowd and taking your motor vehicle onto a sidewalk completely disregards pedestrians' safety and can quickly earn you a reckless driving charge.
Swerving across lanes. There's no excuse for veering uncontrollably across lanes, as this type of driving can cause wrecks and injuries. If you're not properly signaling or exercising other safe driving methods while changing lanes, you're driving recklessly.
Driving 25 miles per hour (or more) over the posted speed limit. While driving 10, 15, or even 20 miles per hour over the speed limit is a bad idea and may get you a speeding ticket, excessive speeding (to the tune of 25 mph or more) is even riskier to safety and considered a more serious traffic violation.
What Is the Penalty for a Reckless Driving Charge?
Depending on the type of violation and the state, a reckless driving charge can come with severe penalties. Penalties can range from traffic tickets and license suspension to criminal charges and jail time.
Let's once again use California as an example. Considered a misdemeanor, the consequences of reckless driving are steep in this state. A reckless driving conviction can net you up to 90 days in jail, two points on your driver's license, a $1,000 fine, and a six-month license suspension.
Below, we'll dive further into the specific reckless driving laws and penalties in nine different states. These reckless driving laws and penalties are helpful references if you live (or are planning to operate a motor vehicle) in any of these states. This article will be updated with more states as updated reckless driving information becomes available.
Note: Keep in mind that this is not legal advice. Consult a defense attorney for advice on dealing with a reckless driving charge.
Utah Reckless Driving Laws
The Utah State Legislature put forth code 41-6a-528 that defines reckless driving as “a person who operates a vehicle in willful or wanton disregard for the safety of persons or property.”
A unique aspect of this code is that it designates a particular speed, 105 miles per hour and over, as reckless driving. In addition, committing three or more traffic violations within a single continuous driving period covering three miles or fewer can also earn this penalty.
In Utah, a reckless driving charge is considered a Class B misdemeanor. Drivers who are convicted of reckless driving in Utah may face six months of jail time and fines of up to $1,000. Your license can be suspended for up to three months on a first-time conviction. There’s a mandatory license suspension if you get another reckless driving conviction within twelve months of the first one.
Arizona Reckless Driving Laws
Arizona classifies reckless driving as a Class 2 misdemeanor. The state code governing it, ARS 28-693, says that “a person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.”
Arizona reckless drivers may be penalized for their crime by being required to serve up to four months in jail and/or pay a fine up to $750. Additionally, their driver’s license may be suspended for up to 90 days. Convicted reckless drivers who get eight points on their driving record may be required to attend Traffic Survival School.
In 2021, traffic fatalities in Arizona surged to 1,120, a fifteen-year high, with the Governor’s Office of Highway Safety pointing to factors like excessive speeding and reckless driving.
Texas Reckless Driving Laws
Texas Transportation Code 545.401 defines reckless driving as when “a person commits an offense if the person drives a vehicle in wilful [sic] or wanton disregard for the safety of persons or property.”
Unlike most other states, Texas treats reckless driving as a unique type of offense which doesn’t fall under a Class B or C misdemeanor. If you’re caught and convicted of a reckless driving charge in Texas, you could go to jail for up to 30 days and/or pay a fine of up to $200, making Texas’ fine less costly than many other states. A conviction can also add points to your driving record, lead to license suspensions, involve community service, and more.
Georgia Reckless Driving Laws
According to Georgia Code 40-6-390, “any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.”
Georgia classifies reckless driving as a misdemeanor. The punishment for a conviction can be a fine up to $1,000 and/or jail time of up to twelve months. Reckless driving convictions may add four points to your driving record, potentially causing your insurance premiums to increase.
Keep in mind, the judge can invoke other punishments for a Georgia reckless driving charge, such as community service or drug and alcohol evaluation and treatment.
Missouri Reckless Driving Laws
Interestingly, Missouri doesn’t have a law on the books that specifically prohibits “reckless driving.”
Instead, Section 304.012 requires drivers to operate their vehicles “in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.” As a result, “reckless driving” is mostly called “careless and imprudent driving” in the state.
If you violate these rules, you can be found guilty of a Class B misdemeanor. The penalty may include serving up to six months in jail and paying a fine of up to a $1,000. If the charge involves an accident, you may be charged with a Class A misdemeanor, increasing the punishment to up to a year in jail and paying up to a $2,000 fine.
Wisconsin Reckless Driving Laws
In Chapter 346.62 of the Rules of the Road, the Wisconsin Legislature prohibits reckless driving and provides a variety of examples. They state:
“No person may endanger the safety of any person or property by the negligent operation of a vehicle.
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).
No person may cause bodily harm to another by the negligent operation of a vehicle.
No person may cause great bodily harm to another by the negligent operation of a vehicle.”
In Wisconsin, your first reckless driving offense earns you a small fine of $25-$200. A repeated offense within four years more than doubles the fine, increasing it to $50-$500. Additionally, a second offense may add up to twelve months in jail. If great bodily injury results from a reckless driving charge, you could be facing up to three and a half years in jail and a fine of up to $10,000.
Wisconsin’s reckless drivers also get six points on their driving record, which can have a negative effect on insurance premiums.
Illinois Reckless Driving Laws
In 625 ILCS 5/11-503, the Illinois General Assembly defines reckless driving as when a person “drives any vehicle with a willful or wanton disregard for the safety of persons or property; or knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.”
Illinois is another state that levies heavy punishments on reckless drivers. Convictions for reckless driving in Illinois are Class A misdemeanors and carry penalties up to twelve months in jail and a $2,500 fine.
If the reckless driving causes great bodily harm, a permanent disability, or disfigurement to another person, the misdemeanor may become a Class 4 felony. If the person is a child or a school crossing guard doing their official duties, it becomes a Class 3 felony.
Reckless drivers over 21 years old won’t lose their license for their first offense, as Illinois doesn’t suspend a driver’s license unless they’ve had three moving violations within a year. It's important to note that drivers under 21 will have their license suspended after the first conviction.
Ohio Reckless Driving Laws
The Legislative Service Commission Section 4511.20 forbids operating “a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property.” As a result, this offense is called "reckless operation" as well as “reckless driving.”
Reckless driving is a minor misdemeanor in Ohio. If you have no previous convictions, the fine can only go up to $100 with no jail time. If you’ve had one conviction in the past year, the fine can increase to a maximum of $250 and you may face up to 30 days in jail. For those who have had two or more driving convictions in the past year, the penalty increases to a fine of up to $500 and up to 60 days in jail.
A reckless driving conviction in Ohio results in four points being added to your driving record.
Pennsylvania Reckless Driving Laws
Pennsylvania Vehicle Code Title 75 Section 3736 states that “any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”
Reckless driving in the Keystone State is considered a summary offense. Drivers convicted of reckless driving will be punished with a fine of up to $200 and may have their driver's license suspended for up to six months.
The penalties increase if the reckless driving caused harm to a person or property. In these scenarios, the penalty is a $1,000 fine at minimum and 90 days in jail.
Pennsylvania adds five points to your driving record with a reckless driving conviction.
How To Mitigate Reckless Driving
No matter what state you drive in, practicing safe highway driving helps motorists avoid driving recklessly. Many of the reckless driving cases in the United States stem from a handful of bad behaviors, but we must all do our part to be responsible drivers. Here are five ways to proactively reduce your risk of reckless driving.
Plan ahead. Map out your route ahead of time and leave early enough to allow for unforeseen traffic jams.
Mitigate road rage. Staying calm during your drive prevents you from irrational actions you'll regret later. Before negatively reacting to rude motorists or heavy traffic, take a deep breath and slowly count backward from 20 to help center yourself. Read our article for more defensive driving techniques that help keep you calm and safe behind the wheel.
Obey traffic rules. Make sure you know your state's laws and the posted speed limit. This knowledge helps you avoid breaking laws and getting into trouble with law enforcement.
Remove distractions. Turn down your radio and stay off your cell phone while driving. Similarly, don't dig in your purse or try to reach something in your pocket or backseat.
Keep your distance. Tailgating can quickly turn into a rear-ending accident. Follow at least two car lengths behind the vehicle in front of you.
Safe Drivers Choose Clearcover Auto Insurance
Reckless driving is more than your run-of-the-mill driving infraction like speeding or failing to signal. Reckless driving is a serious criminal offense with stiff fines as well as potential jail time, loss of driving privileges, and points on your driving record.
Understand your state's laws regarding reckless driving and take steps to avoid any habits that may contribute to recklessness. Careful, defensive driving keeps you and other motorists safe and helps you avoid reckless driving charges.
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