Reckless Driving Laws: 50-State Survey

Reckless driving is one of the most serious motor vehicle violations. While each state has its own definition for this offense, it tends to involve conduct that poses an obvious risk to the safety of other people or property. In other words, the driver must have had a higher level of fault than ordinary negligence. (Many states use a version of the phrase “willful or wanton disregard.”) Some states also identify certain driving behaviors that are automatically considered reckless driving, such as exceeding a certain speed or exceeding the speed limit by a certain amount.

Reckless driving thus warrants more severe penalties than a typical traffic violation. A driver may face jail time and substantial fines. Penalties often increase for repeat offenses, or if a violation caused harm to someone else. However, reckless driving may carry less serious penalties than DUI or a similar offense. In states that allow plea bargaining in drunk driving cases, a driver may be able to get their charge reduced to reckless driving. This is often called a “wet reckless.”

Careless Driving

Many states have a related offense called careless driving, negligent operation, or something similar, which may carry lesser penalties than reckless driving because the level of fault is lower. The line between reckless and careless driving may be blurry and fact-specific.

This survey summarizes the reckless driving laws in each state, including the definition of the offense and the penalties that a driver may face. (Note that the penalties stated at the start of each entry apply to first-time offenses without aggravating factors.) However, anyone who has been cited or charged for reckless driving should consider consulting a lawyer who can look into the details of their situation and help them try to minimize the consequences.

Alabama Reckless Driving Laws

Reckless driving involves driving a vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of people or property, or without due caution and circumspection and at a speed or in a manner that endangers or is likely to endanger a person or property. A driver may face imprisonment for 10 days to six months for a repeat conviction, as well as a fine between $50 and $500. A judge may prohibit a convicted driver from driving a vehicle for up to six months.

Reckless driving adds six points to a driver’s license. Three reckless driving offenses within 12 months will lead to license revocation.

Alaska Reckless Driving Laws

Reckless driving involves driving a vehicle in a manner that creates a substantial and unjustifiable risk of harm to a person or property. This means that the conscious disregard of the risk or the failure to perceive it is a gross deviation from the standard of conduct that a reasonable person would observe in the situation. In addition to the penalties above, 10 points will be added to a driver’s license.

If a court convicts a person of reckless driving, it will revoke their driver’s license for at least 30 days unless it determines that their ability to earn a livelihood would be severely impaired, and a limitation can be placed on the license that will allow the person to earn a livelihood without excessive danger to the public. For a second conviction within 10 years, the court will revoke the driver’s license for at least one year. For a third or subsequent conviction within 10 years, the court will revoke the driver’s license for at least three years.

Section 28.35.410 describes the offense of negligent driving. This involves driving a vehicle in a manner that creates an unjustifiable risk of harm to a person or property, which actually endangers a person or property. A violation results in a fine of up to $300.

Arizona Reckless Driving Laws

Reckless driving involves driving a vehicle in reckless disregard for the safety of people or property. In addition to the penalties above, eight points will be added to a driver’s license. Moreover, the court may require the driver to surrender their license to a police officer and may order their driving privilege to be suspended for up to 90 days.

Penalties increase for a repeat conviction within 24 months. A driver may face up to six months in jail and up to $2,500 in fines. They will not be eligible for probation, pardon, suspension of sentence, or other forms of release until they have served 20 days in jail. The judge may require the driver to surrender their license to a police officer, and their driving privilege will be suspended for one year.

Arkansas Reckless Driving Laws

Reckless driving involves driving a vehicle in a manner that indicates a wanton disregard for the safety of people or property. In addition to the penalties above, eight points will be added to a driver’s license.

Penalties increase for a repeat offense within three years. A driver generally may face 30 days to six months of imprisonment and a fine between $500 and $1,000. Penalties also increase if injuries result. A driver may face imprisonment for 30-90 days, as well as a fine between $100 and $1,000. If a repeat offense within three years resulted in an injury, a driver may face 60 days to one year of imprisonment and a fine between $500 and $1,000. In addition, three reckless driving offenses within 12 months will lead to license revocation.

Section 27-51-104 prohibits anyone from driving or operating a vehicle in a careless manner that shows a failure to keep a proper lookout for other traffic, or in a manner that shows a failure to maintain proper control. A violation results in a fine of up to $100.

California Reckless Driving Laws

Reckless driving involves driving a vehicle on a highway, or in certain offstreet parking facilities, in willful or wanton disregard for the safety of people or property. In addition to the penalties above, two points will be added to a driver’s license. A court may suspend a driver’s license for up to 30 days for a first conviction, up to 60 days for a second conviction, and up to six months for a third or subsequent conviction.

Under Section 23104, reckless driving that causes bodily injury to someone other than the driver may result in imprisonment for 30 days to six months, as well as a fine between $220 and $1,000. If reckless driving causes great bodily injury to someone other than the driver, and the driver was previously convicted of violating one of the reckless driving laws, they may be sentenced for a felony. This could lead to imprisonment for 16 months to three years. However, they may still be sentenced to the same penalties as for a general violation of Section 23104. A court also may suspend a driver’s license for up to six months for a violation of Section 23104.

Under Section 23105, a person convicted of reckless driving that causes any of certain specified injuries may face 30 days to six months in jail and a fine of $220 to $1,000, or they may be sentenced for a felony and face imprisonment for 16 months to three years. Specified injuries include loss of consciousness, concussion, bone fracture, brain injury, paralysis, serious disfigurement, a wound requiring extensive suturing, or a protracted loss or impairment of function of a bodily member or organ. A court also may suspend a driver’s license for up to six months for a violation of Section 23105.

Colorado Reckless Driving Laws

Reckless driving involves driving a vehicle in a manner that indicates either a wanton or a willful disregard for the safety of people or property. In addition to the penalties above, eight points will be added to a driver’s license.

Penalties increase for a repeat offense. A driver may face 10 days to six months in jail and a fine between $50 and $1,000. Three reckless driving offenses within two years will lead to license revocation.

Section 42-4-1402 describes the offense of careless driving. This involves driving in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other related circumstances. A driver may face imprisonment for 10-90 days, as well as a fine between $150 and $300. If the violation causes injuries or death to someone else, a driver may face imprisonment for 10 days to one year, as well as a fine between $300 and $1,000. If the violation causes serious injuries to a vulnerable road user, such as a pedestrian, bicyclist, or motorcyclist, a driver may face a broader range of penalties, including jail time, a fine, a license suspension, an order of restitution, a driver improvement course, and community service.

Connecticut Reckless Driving Laws

Reckless driving involves operating a vehicle recklessly in various highways, roads, school properties, or parking areas, considering the width, traffic, and use of the road at issue, the intersection of streets, and the weather conditions. Driving a vehicle on a covered highway, road, or parking area at a rate of speed that endangers human life is considered an automatic violation, as is driving a vehicle on a covered highway, road, or parking area faster than 85 miles per hour. Knowingly driving a vehicle with a defective mechanism is also considered an automatic violation. In addition to the penalties above, a driver’s license will be suspended for 30-90 days for a first offense.

Penalties increase for a repeat offense. A driver may face imprisonment for up to one year and a fine of up to $600, as well as a license suspension for at least 90 days.

Delaware Reckless Driving Laws

Reckless driving generally involves driving a vehicle in willful or wanton disregard for the safety of people or property. A suspended sentence is not available, but the period of imprisonment may be suspended for the first offense. In addition to the penalties above, six points will be added to a driver’s license. If reckless driving causes or contributes to an accident resulting in death, injuries, or serious property damage, the driver’s license may be suspended for up to one year.

Penalties increase for a repeat offense within three years. A driver may face imprisonment for 30 to 60 days, as well as a fine between $300 and $1,000. Three reckless driving offenses within 12 months will lead to license revocation.

When a driver has had a DUI charge reduced to reckless driving, they also will be required to complete a course of instruction or rehabilitation program and pay related fees. The court will note in the record that the offense was related to alcohol or drugs, and this will appear on the driver’s motor vehicle record.

The statute also separately prohibits driving at a speed of 90 miles per hour or greater. A first violation of this provision may result in a fine between $150 and $300, as well as a traffic safety course. A second offense within three years may result in a fine between $300 and $800, as well as 10-30 hours of community service picking up litter on a roadway. A third offense within three years may result in a fine between $500 and $1,000, as well as 30-90 hours of the community service above.

Section 4176 defines the offense of careless or inattentive driving. Careless driving involves driving in a careless or imprudent manner, or without due regard for road, weather, and traffic conditions. Inattentive driving involves failing to give full time and attention to driving a vehicle, or failing to maintain a proper lookout. A violation of this statute will result in a fine between $25 and $75 for a first offense, and a fine between $50 and $95 for a repeat offense within three years. In addition, two points will be added to a driver’s license.

Florida Reckless Driving Laws

Reckless driving involves driving a vehicle in willful or wanton disregard for the safety of people or property. Fleeing a law enforcement officer in a vehicle is automatically considered reckless driving. In addition to the penalties above, four points will be added to a driver’s license. If the violation resulted in a crash that caused death, injuries, or more than $500 in property damage, the driver’s license may be suspended.

Penalties increase for a repeat conviction. A driver may face imprisonment for up to six months, as well as a fine between $50 and $1,000. Three reckless driving offenses in 12 months will result in license revocation.

Penalties also increase if reckless driving causes property damage or injuries. This is generally a first-degree misdemeanor, which may result in imprisonment for up to one year, as well as a fine of up to $1,000. When reckless driving causes a serious bodily injury, this is considered a third-degree felony. (A serious bodily injury involves a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.) A driver may face imprisonment for up to five years, as well as a fine of up to $5,000.

If the court has reasonable cause to believe that the use of alcohol or drugs contributed to reckless driving, the driver will be required to complete a DUI program substance abuse education course and evaluation.

Section 316.1925 defines the offense of careless driving. This involves failing to drive in a careful and prudent manner, considering the width, grade, curves, corners, traffic, and other related circumstances, in order not to endanger people or property. Careless driving is a moving violation. In addition to a fine of up to $500, three points will be added to a driver’s license.

Georgia Reckless Driving Laws

Reckless driving involves driving a vehicle in reckless disregard for the safety of people or property. A conviction is a misdemeanor, but the court has the discretion to stay or suspend the sentence, or to place the driver on probation. In addition to the penalties above, four points will be added to a driver’s license.

Under Section 40-6-394, causing an accident that results in bodily harm while violating the reckless driving statute is a felony and will lead to imprisonment for 1-15 years.

Hawaii Reckless Driving Laws

Reckless driving involves operating a vehicle recklessly in disregard of the safety of people or property. In addition to the penalties above, a court has the discretion to revoke or suspend a driver’s license when they have been convicted of a violation.

Section 291-12 describes the offense of inattention to driving. This involves driving negligently and thus causing a collision with, or injury or damage to, a person, vehicle, or other property. A violation may result in imprisonment for up to 30 days, as well as a fine of up to $500. A surcharge of up to $100 also may be assessed.

Idaho Reckless Driving Laws

Reckless driving involves driving or being in actual physical control of a vehicle carelessly and heedlessly, or without due caution and circumspection, and at a speed or in a manner that endangers or is likely to endanger a person or property. Passing when a line in the lane indicates a sight distance restriction is automatically considered reckless driving. In addition to the penalties above, a reckless driving conviction will lead to a 30-day license suspension.

Penalties increase for repeat convictions within five years. A driver may face imprisonment for up to one year, as well as a fine of up to $2,000. In addition, a second conviction within two years will lead to a 90-day license suspension, while a third conviction within three years will lead to a one-year suspension. Three reckless driving offenses within 12 months will lead to license revocation.

The statute also describes a lesser offense called inattentive driving, which occurs when the conduct of the driver was inattentive, careless, or imprudent, rather than heedless or wanton, or in cases in which the danger to people or property caused by their conduct was slight. This offense is a misdemeanor that may result in imprisonment for up to 90 days, as well as a fine of up to $300. In addition, three points will be added to a driver’s license.

Illinois Reckless Driving Laws

Reckless driving involves driving a vehicle with a willful or wanton disregard for the safety of people or property. Much more specifically, it also involves knowingly driving a vehicle and using an incline in a roadway to cause the vehicle to become airborne. In addition to the penalties above, 55 points will be added to a driver’s license. Three reckless driving offenses in 12 months will lead to license revocation.

Penalties increase if reckless driving injures a child or a school crossing guard while the guard is performing their official duties. This is considered a Class 4 felony. A driver may face imprisonment for 1-3 years, as well as a fine between $75 and $25,000.

Penalties also increase if reckless driving causes great bodily harm or permanent disability or disfigurement, which is considered aggravated reckless driving. This is also a Class 4 felony, which may result in the penalties above. Moreover, if reckless driving causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the guard is performing their official duties, this is considered a Class 3 felony. A driver may face imprisonment for 2-5 years, as well as a fine between $75 and $25,000.

Indiana Reckless Driving Laws

Reckless driving involves driving at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances that it endangers the safety or property of others or blocks the proper flow of traffic. It also involves passing another vehicle from the rear while on a slope or on a curve where vision is obstructed for less than 500 feet, driving in and out of a line of traffic when not permitted, or speeding up or refusing to give half of the roadway to a driver overtaking and seeking to pass. In addition to the penalties above, six points will be added to a driver’s license.

Penalties increase if reckless driving causes property damage or injuries. If reckless driving causes property damage, a driver may face imprisonment for up to 180 days, as well as a fine of up to $1,000. The court may recommend a license suspension for up to one year. If reckless driving causes injuries, a driver may face imprisonment for up to one year, as well as a fine of up to $5,000. Again, the court may recommend a license suspension for up to one year. In addition to these penalties, eight points will be added to a driver’s license if reckless driving causes property damage, or 10 points if it causes injuries.

If a driver recklessly passes a school bus when the arm signal device is extended, they may face imprisonment for up to one year and a fine of up to $5,000. If this violation causes injuries, they may face imprisonment for 6-30 months (with an advisory sentence of one year), as well as a fine of up to $10,000. If this violation causes death, they may face imprisonment for 1-6 years (with an advisory sentence of three years), as well as a fine of up to $10,000. Recklessly passing a school bus also may lead to a 90-day license suspension, or a one-year suspension if they have a previous reckless driving conviction.

Iowa Reckless Driving Laws

Reckless driving involves driving a vehicle in a manner that indicates either a willful or a wanton disregard for the safety of people or property. Two reckless driving convictions will result in license revocation.

Section 321.277A prohibits careless driving. However, this is defined very narrowly as intentionally operating a vehicle while engaging in any of certain specific behaviors, such as simulating a temporary race or causing the vehicle to unnecessarily turn abruptly or sway. The penalty is generally a $50 fine, although there are some circumstances in which the penalties may be the same as for reckless driving.

Kansas Reckless Driving Laws

Reckless driving involves driving in willful or wanton disregard for the safety of people or property. A conviction of reckless driving may result in license revocation, although the court may place restrictions on driving privileges instead.

Penalties increase for repeat convictions. A driver may face imprisonment for 10 days to six months, as well as a fine between $50 and $500.

Kentucky Reckless Driving Laws

Reckless driving (described as a failure to drive carefully) involves failing to drive in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles. In addition to the fine above, four points will be added to the driver’s license. Three reckless driving offenses within 12 months will lead to license revocation. The period of revocation varies depending on the driver’s prior record.

Reckless driving that causes or contributes to an accident resulting in death, injuries, or serious property damage may result in a license suspension.

Louisiana Reckless Driving Laws

Reckless driving involves operating a vehicle in a criminally negligent or reckless manner. Penalties increase for repeat offenses. A driver may face imprisonment for 10 days to six months, as well as a fine between $25 and $500. Three reckless driving offenses within 12 months will result in a 24-month license suspension.

Section 32:58 defines the offense of careless operation. This involves failing to drive in a careful and prudent manner that does not endanger people or property. A driver may face imprisonment for up to 30 days, as well as a fine of up to $175. A repeat offense may result in imprisonment for up to 90 days, as well as a fine of up to $500.

Maine Reckless Driving Laws

Reckless driving (described as “driving to endanger”) involves driving a vehicle with criminal negligence (as defined in 17-A Maine Revised Statutes Section 35) in a manner that endangers the property of someone else or a person, including the driver or a passenger in the vehicle being driven. In addition to the penalties above, the court must suspend the driver’s license for 30-180 days, or impose a fine of at least $575 as an alternative.

Penalties increase if a violation causes serious bodily injury to another person. (A “serious bodily injury” means an injury that creates a substantial risk of death or that causes a serious, permanent disfigurement or the loss or substantial impairment of the function of any bodily member or organ, or an extended convalescence necessary for the recovery of physical health.) A driver may face imprisonment for up to five years, as well as a fine of up to $5,000. In addition, the court must suspend the driver’s license for 180 days to two years, or impose a fine of at least $575 as an alternative.

Maryland Reckless Driving Laws

Reckless driving involves driving a vehicle in wanton or willful disregard for the safety of people or property, or in a manner that indicates this disregard. In addition to the fine, six points will be added to a driver’s license.

The statute also provides that a person is guilty of negligent driving if they drive in a careless or imprudent manner that endangers people or property. This results in a fine of up to $500. In addition, one point will be added to a driver’s license, or three points if the violation caused an accident.

Massachusetts Reckless Driving Laws

The statute does not specifically define reckless driving, but Massachusetts jury instructions provide a definition. Driving recklessly means that the driver ignored the fact that their manner of driving was very likely to result in death or serious injury, or they were indifferent to whether someone was killed or seriously injured. In addition to the penalties above, five points will be added to a driver’s license. Unless the court or magistrate recommends otherwise, the driver’s license will be revoked upon a conviction. The revocation will last for 60 days for a first offense, and for one year if a driver has a prior conviction within three years.

The same potential jail time, fine, and license suspension apply to driving negligently so that the lives or safety of the public might be endangered, or driving on a bet or wager or in a race. Driving negligently also results in a $250 assessment against a driver. Two points will be added to their license.

Michigan Reckless Driving Laws

Reckless driving involves driving a vehicle on a highway or another place open to the general public in willful or wanton disregard for the safety of people or property. In addition to the penalties above, six points will be added to a driver’s license. A reckless driving violation also will lead to a 90-day license suspension. Two reckless driving convictions within seven years will lead to license revocation.

Penalties increase for offenses involving serious injuries or death. If a violation causes serious impairment of a body function to someone else, a driver may face imprisonment for up to five years, as well as a fine between $1,000 and $5,000. If a violation causes the death of someone else, a driver may face imprisonment for up to 15 years, as well as a fine between $2,500 and $10,000.

Section 257.626b provides that a person who drives a vehicle in a careless or negligent manner that is likely to endanger a person or property, but without wantonness or recklessness, commits a civil infraction. This results in a fine of up to $100 but no jail time. In addition, three points will be added to a driver’s license.

Minnesota Reckless Driving Laws

Reckless driving involves driving a vehicle while being aware of and consciously disregarding a substantial and unjustifiable risk that the driving may cause harm to someone else or their property. Disregarding the risk must constitute a significant deviation from the standard of conduct that a reasonable person would observe in the situation. Racing (willfully comparing or contesting relative speeds) is automatically considered reckless driving, regardless of whether the speed contested or compared exceeds the speed limit.

Penalties increase if a violation causes great bodily harm or death. (“Great bodily harm” means a bodily injury that creates a high probability of death, causes serious permanent disfigurement, or causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.) A driver may face imprisonment for up to one year, as well as a fine of up to $3,000.

If a violation contributed to causing an accident that resulted in death, injuries, or serious property damage, the driver’s license may be suspended for up to one year. Three violations within 12 months will result in license revocation.

The statute also describes a related offense called careless driving, which involves driving or stopping a vehicle carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger a person or property. This carries the same potential jail time and fine as ordinary reckless driving.

Mississippi Reckless Driving Laws

Reckless driving involves driving a vehicle in a manner that indicates either a willful or a wanton disregard for the safety of people or property.

Penalties increase for repeat offenses. A driver may face imprisonment for up to 10 days, as well as a fine of up to $500. Three reckless driving offenses within 12 months will lead to a one-year license revocation.

Section 63-3-1213 describes the offense of careless driving. This involves driving in a careless or imprudent manner, without due regard for the width, grade, curves, corner, traffic, and use of the streets and highways and all other related circumstances. Careless driving results in a fine between $5 and $50.

Missouri Reckless Driving Laws

Reckless driving (described as careless and imprudent driving) involves failing to drive a vehicle in a careful and prudent manner and at a rate of speed that does not endanger the property of someone else or the life or limb of any person. A driver must exercise the highest degree of care. In addition to the penalties above, two points will be added to a driver’s license.

Penalties increase if a violation involves an accident. A driver may face imprisonment for up to one year, as well as a fine of up to $2,000.

Montana Reckless Driving Laws

Reckless driving generally involves driving in willful or wanton disregard for the safety of people or property. (The statute also contains specific provisions related to school buses and highway workers.) In addition to the penalties above, five points will be added to a driver’s license.

Penalties increase for repeat offenses. A driver may face imprisonment for five days to six months, as well as a fine between $500 and $1,000. Three reckless driving offenses within 12 months will lead to a one-year license suspension.

If a violation causes death or serious bodily injury, a driver may face imprisonment for up to one year, as well as a fine of up to $10,000.

Section 61-8-302 describes the offense of careless driving. This involves failing to drive in a careful and prudent manner that does not unduly or unreasonably endanger the life, limb, property, or other rights of a person using the road. A violation results in a fine between $10 and $100. A second conviction within one year results in a fine between $25 and $200, while a third or subsequent conviction within one year results in a fine between $50 and $500. If the violation caused death or serious bodily injury to someone else, a driver may face imprisonment for up to six months and a fine of up to $5,000.

Nebraska Reckless Driving Laws

Reckless driving involves driving a vehicle in a manner that indicates an indifferent or wanton disregard for the safety of people or property. In addition to the penalties above, five points will be added to a driver’s license.

A related offense called willful reckless driving involves driving a vehicle in a manner that indicates a willful disregard for the safety of people or property. The potential jail time and fine for a first conviction are the same as for ordinary reckless driving, but the court also will order the driver not to drive any vehicle for any purpose for 30 days to one year. Six points will be added to a driver’s license.

Penalties increase for repeat convictions. For a second conviction of either ordinary reckless driving or willful reckless driving, a driver may face imprisonment for up to six months, as well as a fine of up to $1,000. The court also will order them not to drive a vehicle for any purpose for 60 days to two years. For a third or subsequent conviction of either ordinary reckless driving or willful reckless driving, a driver may face imprisonment for up to one year, as well as a fine of up to $1,000. The court also will order them not to drive any vehicle for any purpose for one year.

Section 60-6,212 describes the offense of careless driving. This involves driving a vehicle carelessly or without due caution so that it endangers a person or property. Careless driving is only a traffic infraction. This results in a fine of up to $100 for a first offense, up to $200 for a second offense within one year, and up to $300 for a third or subsequent offense within one year. In addition, four points will be added to a driver’s license.

Nevada Reckless Driving Laws

  • Key law: Nevada Revised Statutes Section 484B.653
  • Jail time: Generally up to 6 months (up to 364 days for unauthorized trick driving)
  • Fine: Generally $250-$1,000 ($1,000-$1,500 for unauthorized trick driving)

Reckless driving generally involves driving a vehicle in willful or wanton disregard of the safety of people or property. The statute also defines reckless driving as driving a vehicle in an unauthorized speed contest or an unauthorized trick driving display. In addition to the penalties above, eight points will be added to a driver’s license.

A first offense involving engaging in an unauthorized speed contest will result in 50-99 hours of community service in addition to the penalties above. The court also will order a driver’s license to be suspended for six months to two years. A first offense involving engaging in an unauthorized trick driving display will result in 100-199 hours of community service in addition to the penalties above. The court may order a driver’s license to be suspended for six months to two years.

Penalties increase for repeat offenses. For a second offense of ordinary reckless driving (disregard of safety), a driver may face imprisonment for up to six months, as well as a fine between $1,000 and $1,500. For a third or subsequent offense, the potential jail time remains the same, while the fine increases to $1,500-$2,000. Three reckless driving offenses within 12 months will result in a one-year license revocation.

For a second offense involving an unauthorized speed contest, a driver may face imprisonment for up to six months, as well as a fine between $1,000 and $1,500 and 100-199 hours of community service. For a third or subsequent offense, the potential jail time remains the same, while the fine increases to $1,500-$2,000, and the community service increases to 200 hours.

For a repeat offense involving an unauthorized trick driving display, a driver may face imprisonment for up to 364 days, a fine between $1,500 and $2,000, and 200 hours of community service.

The statute separately provides that a person who does any act or neglects any duty imposed by law while driving in willful or wanton disregard of the safety of people or property is guilty of a category B felony if their act or neglect of duty causes death or substantial bodily harm to someone else. They may face 1-6 years of imprisonment, in addition to a fine between $2,000 and $5,000 and a three-year license revocation.

In addition, the statute provides that a violation of Section 484B.550 is considered reckless driving. This involves failing or refusing to stop a vehicle when signaled by a police vehicle, or fleeing or attempting to elude a police vehicle signaling them to stop. That statute provides the penalties for a violation.

Finally, certain types of violations that involve causing a collision with a pedestrian or a person riding a bicycle, an electric bicycle, or an electric scooter are considered reckless driving. The penalties are the same as for engaging in an unauthorized speed contest.

New Hampshire Reckless Driving Laws

Reckless driving generally involves being aware of and consciously disregarding a substantial and unjustifiable risk. The disregard of the risk must constitute a gross deviation from the conduct that a law-abiding person would observe in the situation. It also generally includes driving a vehicle in a way that endangers the lives or safety of the public, driving on a bet, wager, or race, driving for the purpose of making a record, or driving at 100 miles per hour or more. In addition to the fine, a driver will need to pay a penalty assessment, and their license will be revoked for 60 days. Six demerit points will be added to a driver’s license.

Penalties increase for repeat offenses. A driver may face a fine between $750 and $1,000, plus a penalty assessment, and their license will be revoked for 60 days to one year.

Section 265:79-b describes the offense of negligent driving. This involves driving a vehicle negligently or in a manner that endangers or is likely to endanger a person or property. A first offense results in a fine between $250 and $500, while a second or subsequent offense results in a fine between $500 and $1,000. In addition, four points will be added to a driver’s license.

New Jersey Reckless Driving Laws

Reckless driving involves driving a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner that endangers or is likely to endanger a person or property. In addition to the penalties above, five points will be added to a driver’s license. A violation may potentially lead to license suspension or revocation.

Penalties increase for repeat convictions. A driver may face imprisonment for up to three months, as well as a fine between $100 and $500.

Section 39:4-97 describes the offense of careless driving. This involves driving a vehicle carelessly, or without due caution and circumspection, in a manner that endangers or is likely to endanger a person or property. A driver may face imprisonment for up to 15 days, as well as a fine between $50 and $200. In addition, two points will be added to a driver’s license.

New Mexico Reckless Driving Laws

Reckless driving involves driving a vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner that endangers or is likely to endanger a person or property. In addition to the penalties above, six points will be added to a driver’s license. The license also may be suspended for up to 90 days.

Penalties increase for repeat convictions. A driver may face imprisonment for 10 days to six months, as well as a fine between $50 and $1,000. Three reckless driving offenses within 12 months will lead to a one-year license revocation.

Section 66-8-114 describes the offense of careless driving. This involves driving a vehicle in a careless, inattentive, or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions, and all other related circumstances. A driver may face imprisonment for up to 90 days, as well as a fine of up to $300. In addition, three points will be added to a driver’s license.

New York Reckless Driving Laws

Reckless driving involves driving or using a vehicle in a manner that unreasonably interferes with the free and proper use of the public highway or unreasonably endangers users of the public highway. In addition to the penalties above, five points will be added to a driver’s license.

Penalties increase for repeat violations within 18 months. For a second violation within 18 months, a driver may face imprisonment for up to 90 days, as well as a fine between $100 and $525. For a third or subsequent violation within 18 months, a driver may face imprisonment for up to 180 days, as well as a fine between $100 and $1,125. Three violations within 18 months will result in license revocation.

North Carolina Reckless Driving Laws

Reckless driving involves driving a vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others. It also involves driving a vehicle without due caution and circumspection and at a speed or in a manner that endangers or is likely to endanger any person or property. In addition to the penalties above, four points will be added to a driver’s license.

If a driver was convicted of violating the reckless driving laws and certain speeding laws on the same occasion, their license will be suspended for 60 days. Two reckless driving convictions within 12 months, or one reckless driving and one aggressive driving conviction, will result in license revocation. One or more convictions of reckless driving and one or more convictions of speeding between 55 and 80 miles per hour within a 12-month period will result in a license suspension.

North Dakota Reckless Driving Laws

Reckless driving involves driving a vehicle recklessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner that endangers or is likely to endanger any person or the property of someone else. In addition to the penalties above, eight points will be added to a driver’s license. A violation causing serious bodily injury will result in license revocation for one year or a period recommended by the court.

Penalties increase if reckless driving causes injuries to someone else, which is known as aggravated reckless driving. A driver may face imprisonment for up to 360 days, as well as a fine of up to $3,000. In addition, 12 points will be added to a driver’s license.

Ohio Reckless Driving Laws

Reckless driving involves operating a vehicle in willful or wanton disregard of the safety of people or property. In addition to the fine, four points will be added to a driver’s license. A court may impose a class five suspension of a driver’s license, which lasts for six months to three years, for reckless operation.

Penalties increase if a driver was convicted of one or more predicate motor vehicle or traffic offenses within the previous year. If they have one predicate offense, they may face imprisonment for up to 30 days, as well as a fine of up to $250. If they have multiple predicate offenses, they may face imprisonment for up to 60 days, as well as a fine of up to $500.

Section 4511.201 specifically prohibits driving a vehicle on public or private property other than streets or highways in willful or wanton disregard of the safety of people or property. The same potential jail time and fines apply as for ordinary reckless driving.

Oklahoma Reckless Driving Laws

Reckless driving involves driving a vehicle in a careless or wanton manner without regard for the safety of people or property, or in violation of the conditions that Section 11-801 outlines. In addition to the penalties above, four points will be added to a driver’s license. Service Oklahoma also has the discretion to suspend a license for a violation.

Penalties increase for repeat convictions. A driver may face imprisonment for 10 days to six months, as well as a fine between $150 and $1,000.

Section 47-11-901b provides that a driver must devote their full time and attention to driving. However, a law enforcement officer cannot issue a citation unless the driver is involved in an accident or driving in a way that poses an articulable danger to other people on the road that is not otherwise specified by law. A violation may result in imprisonment for up to 10 days and a fine between $5 and $500. A second conviction within one year increases the potential jail time to 20 days, while a third or subsequent conviction within one year increases the potential jail time to six months. In addition, two points will be added to a driver’s license, or three points if the violation caused an accident.

Oregon Reckless Driving Laws

Oregon prohibits recklessly driving a vehicle in a manner that endangers the safety of people or property. This means that the driver was aware of and consciously disregarded a substantial and unjustifiable risk. Their disregard must constitute a gross deviation from the standard of care that a reasonable person would observe in the situation.

In addition to the penalties above, reckless driving will result in a 90-day license suspension for a first offense, a one-year license suspension for a second offense within five years, and a three-year license suspension for a third or subsequent offense within five years.

Section 811.135 describes the offense of careless driving. This involves driving a vehicle in a manner that endangers or would be likely to endanger a person or property. An ordinary violation results in a fine between $135 and $1,000 ($265 presumed), while a violation that contributes to an accident results in a fine between $225 and $2,000 ($440 presumed). If the violation contributed to the serious injury or death of a “vulnerable user of a public way,” the driver must complete a traffic safety course and perform 100-200 hours of community service, in addition to the penalties above. (A vulnerable user of a public way includes people such as pedestrians, bicyclists, and motorcyclists.)

Pennsylvania Reckless Driving Laws

Reckless driving involves driving a vehicle in willful or wanton disregard for the safety of people or property. In addition to the fine, a conviction will result in a six-month license suspension.

Section 3714 describes the offense of careless driving. This involves driving a vehicle in careless disregard for the safety of people or property. An ordinary violation results in a $25 fine, while a violation that unintentionally causes the death of someone else results in a $500 fine, and a violation that unintentionally causes the serious bodily injury of someone else results in a $250 fine. In addition, careless driving will add three points to a driver’s license.

Rhode Island Reckless Driving Laws

Reckless driving involves operating a vehicle recklessly so that the lives or safety of the public might be endangered, or operating a vehicle in an attempt to elude or flee from a traffic officer or police vehicle. In addition to the penalties above, someone who has been shown to be a reckless driver may have their license suspended for up to one year.

Penalties increase for repeat convictions, which are considered felonies. A driver may face imprisonment for 1-5 years, as well as a fine of up to $5,000. Three reckless driving offenses within 12 months will lead to a three-year license revocation.

South Carolina Reckless Driving Laws

Reckless driving involves driving a vehicle in a manner that indicates a willful or wanton disregard for the safety of people or property. In addition to the penalties above, six points will be added to a driver’s license. If a driver has a repeat offense within five years, their license will be suspended for three months.

South Dakota Reckless Driving Laws

Reckless driving involves driving a vehicle carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner that endangers or is likely to endanger a person or property. In addition to the penalties above, eight points will be added to a driver’s license.

For a second or subsequent offense within one year, the court will order that the defendant’s driving privilege be revoked for 30 days. (If proof of financial responsibility is provided, the court may permit the driver to operate a vehicle for employment, school, or counseling purposes.) The court may order the revocation of the defendant’s driving privilege for a further period up to one year, or restrict it for up to one year at its discretion.

Section 32-24-8 describes the offense of careless driving. This involves driving a vehicle carelessly and without due caution, at a speed or in a manner that endangers a person or property, but not amounting to reckless driving. A driver may face imprisonment for up to 30 days, as well as a fine of up to $500. In addition, two points will be added to a driver’s license.

Tennessee Reckless Driving Laws

Reckless driving generally involves driving a vehicle in willful or wanton disregard for the safety of people or property. In addition to the penalties above, six points will be added to a driver’s license. Two reckless driving offenses within 12 months will lead to license revocation.

The statute contains a very specific provision regarding knowingly ignoring a clearly visible and adequate flood warning sign or barricade and driving into a road area that is actually flooded. This is identified as reckless driving, and the court may order the driver to pay restitution to defray the taxpayer cost of rescue efforts, in addition to the standard penalties.

Texas Reckless Driving Laws

Reckless driving involves driving a vehicle in willful or wanton disregard for the safety of people or property. In addition to the penalties above, a court may recommend a license suspension upon conviction.

Utah Reckless Driving Laws

Reckless driving involves operating a vehicle in willful or wanton disregard for the safety of people or property. Willful or wanton disregard includes speeding at 105 miles per hour or more, as well as committing three or more traffic violations of a certain type in a series of acts occurring within a single continuous period of driving covering three miles or less in total distance. In addition to the penalties above, 80 points will be added to a driver’s license. If a judge recommends a license suspension, the driver’s license may be suspended for three months after a hearing. Two reckless driving offenses within 12 months will lead to license revocation.

Section 41-6a-1715 describes the offense of careless driving. This involves committing two or more moving traffic violations in a series of acts within a single continuous period of driving covering three miles or less in total distance. It also involves committing a non-speeding moving violation while being distracted by an activity within the vehicle not related to its operation. A driver may face imprisonment for up to 90 days, as well as a fine of up to $750. In addition, 50 points will be added to a driver’s license.

Vermont Reckless Driving Laws

Vermont prohibits grossly negligent operation, which is similar to reckless driving. This means that the driver engaged in conduct that involved a gross deviation from the care that a reasonable person would have exercised in the situation. In addition to the penalties above, 10 points will be added to a driver’s license. However, their license will be suspended for 30 days if this is greater than the suspension period that would be imposed under the point system.

Penalties increase for repeat violations. A conviction of grossly negligent operation after a conviction of either negligent operation (see below) or grossly negligent operation may result in imprisonment for up to four years, as well as a fine of up to $10,000. A second conviction under Section 1091 also will lead to a 90-day license suspension, while a third or subsequent conviction will lead to a six-month license suspension, if either of these periods is greater than the suspension period that would be imposed under the point system.

Penalties also increase if a violation causes serious bodily injury or death to someone else. A driver may face imprisonment for up to 15 years, as well as a fine of up to $15,000. If a death results, the driver’s license will be suspended for one year in addition to the suspension period imposed under the point system.

The statute also describes a lesser offense called negligent operation. This means that the driver breached a duty to exercise ordinary care. A violation may result in imprisonment for up to one year, as well as a fine of up to $1,000. A repeat negligent operation conviction, or a violation that results in serious injuries or death to someone other than the driver, may result in imprisonment for up to two years, as well as a fine of up to $3,000. The same rules regarding points and license suspension apply as for grossly negligent operation.

Virginia Reckless Driving Laws

Reckless driving generally involves driving a vehicle recklessly or at a speed or in a manner that endangers the life, limb, or property of any person. Related statutes also enumerate numerous driving behaviors that automatically constitute reckless driving (see Section 46.2-853 et seq.), such as driving a vehicle that is not under proper control, failing to give proper signals, exceeding a reasonable speed under the circumstances and traffic conditions, driving faster than 85 miles per hour, or driving 20 miles per hour or more over the applicable speed limit, among other examples.

In addition to the penalties above, six points generally will be added to a driver’s license. (Four points will be added for reckless driving involving failure to stop before entering a highway.) The court also may suspend a driver’s license for 10 days to six months for a general reckless driving violation. The license may be suspended for 60 days to six months for most of the “per se” reckless driving violations. The license suspension is longer for reckless driving violations involving racing.

If the driver did not have a valid license due to a suspension or revocation for a moving violation, and someone else’s death resulted, this is considered a Class 6 felony. This may result in imprisonment for 1-5 years, although the jury or judge has the discretion to impose the same penalties as above. It also will result in a one-year license revocation.

If the driver was violating the Virginia law against cell phone use in vehicles (Section 46.2-818.2) when they engaged in reckless driving, a mandatory minimum fine of $250 will be imposed.

If a person charged with reckless driving had only a slight degree of culpability, the court may find them guilty of “improper driving” under Section 46.2-869 instead. A prosecutor also may reduce a charge of reckless driving to improper driving. This is a traffic infraction punishable by a fine of up to $500.

Section 46.2-816.1 also prohibits operating a vehicle in a careless or distracted manner, causing serious bodily injury or death to a vulnerable road user (such as a pedestrian or bicyclist) who is lawfully present on the highway. Jail time and fines are the same as for reckless driving.

Washington Reckless Driving Laws

Reckless driving involves driving a vehicle in willful or wanton disregard for the safety of people or property. In addition to the penalties above, a conviction generally will result in a license suspension for at least 30 days. Three reckless driving convictions within two years will result in a one-year license revocation.

Section 46.61.525 describes the offense of negligent driving in the second degree. (Negligent driving in the first degree involves the consumption of alcohol or drugs.) Negligent driving in the second degree involves driving in a manner that is both negligent and endangers or is likely to endanger a person or property. This is a traffic infraction that typically results in a $250 penalty. Penalties increase if the violation causes death, great bodily harm, or substantial bodily harm to a vulnerable user of a public way. This includes people such as pedestrians, bicyclists, and motorcyclists.

Washington, D.C. Reckless Driving Laws

Reckless driving involves driving a vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of others, or without due caution and circumspection and at a speed or in a manner that endangers or is likely to endanger a person or property. In addition to the penalties above, six points will be added to a driver’s license.

Penalties increase for repeat offenses. For a second offense within a two-year period, a driver may face imprisonment for up to 180 days, as well as a fine of up to $1,000. For a third or subsequent offense within a two-year period, a driver may face imprisonment for up to one year, as well as a fine of up to $2,500.

Penalties also increase if the driver was operating the vehicle at a speed at least 30 miles per hour over the stated limit, caused bodily harm or permanent disability or disfigurement to someone else, or caused more than $1,000 in property damage. This is known as aggravated reckless driving. A driver may face imprisonment for up to 180 days, as well as a fine of up to $1,000 and 12 points on their license. A repeat aggravated reckless driving offense within a two-year period may lead to imprisonment for up to one year, as well as a fine of up to $2,500.

West Virginia Reckless Driving Laws

Reckless driving involves driving a vehicle in willful or wanton disregard for the safety of people or property. In addition to the penalties above, six points will be added to a driver’s license. Reckless driving that causes or contributes to an accident resulting in death, injuries, or property damage may result in a license suspension for up to one year.

Penalties increase for repeat offenses or for reckless driving that causes serious bodily injury to someone else. In either of these situations, a driver may face imprisonment for 10 days to six months, as well as a fine between $50 and $1,000. Three reckless driving offenses within 24 months will result in license revocation.

Wisconsin Reckless Driving Laws

Reckless driving generally involves endangering the safety of a person or property by the negligent operation of a vehicle. In addition to the fine above, six points will be added to a driver’s license. A court may suspend their license for up to one year.

If a driver has two or more convictions under the general reckless driving provision (or a similar local ordinance) within four years, they may face imprisonment for up to one year and a fine between $50 and $500.

If a violation causes bodily harm to someone else, a driver may face imprisonment for 30 days to one year, as well as a fine between $300 and $2,000. If a violation causes great bodily harm to someone else, a driver may face imprisonment for up to three and a half years, as well as a fine of up to $10,000. They also will face license revocation.

A narrow provision applies to recklessly endangering the safety of any person by violating certain railroad crossing rules. A driver who violates this provision may face a fine between $300 and $1,000. Repeat offenses within five years will result in a six-month license suspension.

If a driver violates any of the reckless driving provisions in a work zone, any applicable minimum and maximum fine is doubled. If a driver violates any of the provisions other than the provision involving great bodily harm in a work zone, and the violation causes bodily harm to someone else, the driver may face imprisonment for up to nine months, as well as a fine of up to $10,000. The court also may order a driver to perform 100-200 hours of community service work and attend traffic safety school.

Wyoming Reckless Driving Laws

Reckless driving involves driving a vehicle in willful or wanton disregard for the safety of people or property. In addition to the penalties above, a conviction will lead to a 90-day license suspension. Two reckless driving convictions in five years will lead to a six-month license suspension, while three reckless driving convictions in five years will lead to license revocation.

Section 31-5-236 describes the offense of careless driving. This involves driving a vehicle in a manner inconsistent with the exercise of due and diligent care normally exercised by a reasonably prudent person under similar circumstances, when this creates an unreasonable risk of harm to other people or property. A violation results in a fine of up to $200, while a second violation within one year results in a fine of up to $300, and a third or subsequent violation within one year may result in imprisonment for up to six months, as well as a fine of up to $500.

Criminal Law Center Contents   

Related Areas