What Happens After a Reckless Driving Ticket?

Reckless driving is a step above most traffic tickets. In most states it is a crime, not a simple infraction, and it should be treated that way.

What counts as reckless driving

Reckless driving generally means driving with willful or wanton disregard for the safety of people or property (Cornell LII). Examples include:

• Excessive speed, weaving through traffic, or racing
• Passing on a blind curve or a stopped school bus
• Aggressive tailgating

Some states define reckless driving partly by speed. In Virginia, for example, driving 20 mph or more over the limit, or faster than 85 mph, is reckless driving regardless of the posted limit (Va. Code 46.2-862).

Penalties

They vary by state, but commonly include:

• Fines and court costs
• Possible jail time, more likely for very high speeds or a crash
• License points and possible suspension
• Probation or driving classes
• A misdemeanor criminal record
• Significant insurance increases

Reckless driving that causes serious injury or death can be charged as a felony.

Why you should not just pay it

Because it is usually a crime, paying the ticket may amount to pleading guilty to a misdemeanor and creating a criminal record. Many courts require an appearance anyway.

Options to reduce it

Depending on the court and your record, a lawyer may be able to:

• Challenge the speed measurement or the officer's account
• Negotiate a reduction to "improper driving" or speeding, which are usually non-criminal
• Seek a deferred disposition after completing a driving course or community service

Things that help: a clean driving record, a speedometer calibration, a completed defensive driving course before court, and proof of the need to drive for work.

Reckless driving after a DUI arrest

In some states, a DUI charge can be negotiated down to reckless driving involving alcohol ("wet reckless"), which still counts as a prior for future DUIs in those states. See first DUI arrest.

A criminal defense lawyer who handles traffic cases in your county knows what local prosecutors usually offer.

Sources

1. Cornell Law School LII: Reckless driving
2. Virginia Code 46.2-862, Exceeding speed limit (reckless driving)
3. Cornell Law School LII: Misdemeanor