Reckless Driving

A reckless driving conviction requires the state to prove that the driver was operating the vehicle with a willful and wanton disregard for the safety of persons or property. If you can show you were being careless, rather than purposefully willful, the charge may be reduced to speeding or another lesser offense.

EXAMPLE: You were distracted by a crying baby in the vehicle as opposed to choosing to talk on your mobile phone.

SIDEBAR: While reckless driving is a misdemeanor offense, if an injury or death occurs as a result of the reckless driving, the offense becomes a felony.

My son, who does not have a driver's license, backed out of our driveway and ran into a neighbor's car. Can we fight a reckless driving citation?

Yes. For your son to be convicted of reckless driving, there must be additional evidence that he acted with wanton and willful disregard for the public's safety. Lack of a driver's license alone is insufficient to meet the "wanton and willful" requirement.

Is tailgating another car reckless driving?

Yes, especially in high-traffic areas.

Can I be cited for reckless driving if I am driving on the shoulder of a highway?

Yes. The shoulder is for emergency use only and cannot be used as another lane. You could easily hit a parked vehicle or lose control of your car if debris is on the shoulder.

I did a "wheelie" on my motorcycle and was cited for reckless driving. Why was I considered to be reckless?

You did not have proper control of the vehicle when you drove it only on one wheel. Your purposeful lack of control shows a disregard for your safety and the public's safety, which is reckless driving.

Is driving while intoxicated also reckless driving?

Not necessarily. Intoxication is some evidence of a disregard for public safety, but there must be other factors present. For example, you can be given a DUI for driving slowly through an empty mall parking lot while there was arguably no danger to the public.