Have you ever been so late for work that you resorted to speeding? Or did you need to pass someone driving slowly, so you crossed double yellow lines? These are everyday decisions drivers sometimes make that you may assume would be harmless, but they can be severe.
What has been described is considered a reckless driving offense, the intentional act of ignoring road laws. It is a serious matter with serious consequences, such as a misdemeanor criminal offense. Explore the information guide below to familiarize yourself with reckless driving and the resulting penalties.
What is Reckless Driving?
The concrete definition of reckless driving can vary by state. However, in general, it is driving a motor vehicle with willful or wanton disregard for the safety of others and property and a major moving violation related to aggressive driving.
Driving recklessly is typically regarded as an intentional act in which a motorist has no concern for the laws of the road. It is improper to drive by purposefully ignoring other drivers, traffic signs, school buses, or safety signals. Exhibiting such reckless actions is illegal and comes with various severe consequences, including a class 1 misdemeanor offense on your criminal record.
How Fast Over the Speed Limit Is Considered Reckless Driving?
Reckless driving by speed varies by state. Some states define reckless driving as excessive speed, X miles per hour over the limit. Other states have an absolute speed limit, and many have a no-mph-over rule. In most states, reckless driving isn’t just about speed alone; it’s about the dangerous, aggressive maneuvers of the driver’s actions and the risk to others.
Below is a list of all 50 states and how they define reckless driving by speed. (Note: There is no mph overrule in several states, and a law enforcement officer can charge reckless driving based on behavior that endangers life or property.)
States with Dual Restrictions (mph over the limit and/or an absolute speed)
- North Carolina: 15 mph over the speed limit, or 80 mph or more, regardless of the posted limit
- Virginia: 20 mph over the speed limit, or 80 mph or more, regardless of the posted limit
- Arizona: 20 mph over the speed limit, or 85 mph or more, regardless of the posted limit
- Hawaii: 30 mph over the speed limit, or 85 mph or more, regardless of the posted limit
- Oregon: 30 mph over the speed limit, or 85 mph or more, regardless of the posted limit
- Connecticut: 85 mph or more regardless of the posted speed limit
States with a Specific “mph Over” Threshold
The states that have a specific Miles per hour over the speed limit threshold for reckless driving are listed below.
- Arkansas: 15 mph or more over the posted speed limit
- New Mexico: 26 mph or more over the posted speed limit
- Pennsylvania: 30 mph over the speed limit
- Illinois: 30 mph over the speed limit
- North Dakota: 36 mph or more over the speed limit
All Other States Regulations:
For the remaining states, no specific numerical threshold is defined in the statute for reckless driving laws based solely on speed.
In these states, a reckless driving charge is typically based on the police officer’s assessment of your driving behavior and whether it endangers others. The complete list of what could constitute a reckless driving ticket in certain states is listed below.
- Alabama: Reckless driving is based on unsafe driving behavior; no specific mph threshold is defined.
- Alaska: Reckless driving is based on unsafe driving behavior; no specific mph threshold is defined.
- California: Reckless driving is based on a “willful disregard for safety”; no specific mph threshold is defined.
- Colorado: Reckless driving is determined by dangerous driving behavior rather than a set mph over the limit.
- Delaware: No specific mph threshold; charges depend on endangering persons or property.
- Florida: Reckless driving is based on unsafe driving behavior; there is no set mph threshold.
- Georgia: Reckless driving is determined by overall hazardous conduct; no specific mph number applies.
- Idaho: No defined mph threshold; reckless driving is judged by behavior that endangers safety.
- Indiana: Reckless driving is based on overall unsafe driving behavior rather than a numeric standard.
- Iowa: No specific mph threshold is defined—recklessness is assessed on dangerous driving.
- Kansas: Reckless driving is determined by behavior that creates a risk; no fixed mph over the limit applies.
- Kentucky: No specific mph threshold; charges are based on driving that endangers life or property.
- Louisiana: Reckless driving is based on overall unsafe or dangerous behavior; there is no set mph threshold.
- Maine: No specific numerical threshold is defined; reckless driving is based on the driver’s conduct.
- Maryland: Reckless driving is determined by dangerous driving behavior without a specific mph marker.
- Massachusetts: No specific mph threshold; reckless driving is based on a general disregard for safety.
- Michigan: Reckless driving is based on behavior that endangers others; no set mph over rule applies.
- Minnesota: No explicit mph threshold; the charge depends on dangerous driving conduct.
- Mississippi: Reckless driving is defined by unsafe behavior rather than a specific mph over the limit.
- Missouri: No specific mph threshold; reckless driving is based on the overall manner of driving.
- Montana: Reckless driving is determined by dangerous behavior with no set mph over the posted limit.
- Nebraska: No specific mph threshold; reckless driving is charged when driving endangers others.
- Nevada: Unsafe driving behavior defines reckless driving; no explicit mph rule exists.
- New Hampshire: No specific numerical threshold; reckless driving is based on overall conduct.
- New Jersey: Reckless driving is determined by disregarding safety without a set mph standard.
- New York: Reckless driving is based on behavior that endangers life or property; no specific mph over rule is provided.
- Ohio: No defined mph threshold; the charge is based on the driver’s reckless behavior.
- Oklahoma: Reckless driving is determined by unsafe driving practices rather than a fixed mph over the limit.
- Rhode Island: No specific mph threshold is defined; reckless driving is based on dangerous conduct.
- South Carolina: Reckless driving is based on behavior that endangers others; no set mph standard applies.
- South Dakota: No explicit mph threshold—the overall driving behavior judges recklessness.
- Tennessee: Reckless driving is based on unsafe driving behavior without a fixed mph threshold.
- Texas: No specific mph threshold; reckless driving is charged when driving behavior poses a significant risk.
- Utah: Reckless driving is determined by behavior rather than a specific number of mph over the limit.
- Vermont: No defined mph threshold; reckless driving is based on the manner of operation and safety risk.
- Washington: Reckless driving is based on dangerous behavior without a specific mph marker.
- West Virginia: No specific mph threshold; reckless driving is based on unsafe operation of a vehicle.
- Wisconsin: Reckless driving is defined by a general disregard for safety rather than a fixed mph over the limit.
- Wyoming: Reckless driving is based on behavior that endangers life or property; no explicit mph threshold is provided.
Important Note:
Many states leave the determination of “reckless driving” up to the officer’s discretion and the circumstances of the incident. Suppose you need precise legal definitions of criminal penalties or advice regarding traffic laws in a specific state. In that case, it’s always best to consult local statutes or legal counsel.
Examples of Reckless Driving
Now that you know the definition of reckless driving, examining how it presents itself may be helpful. Below are some common examples of reckless driving that you should always avoid. Doing any of the following can be dangerous and cause severe, if not fatal, collisions.
1. Excessive Speeding
Reckless driving can take many forms, including speeding, usually 15 to 36 mph or more over the posted speed limit on a public highway. Speeding constitutes recklessness when someone drives too fast for the current traffic conditions. Driving at a high rate of speed during a blizzard presents nearly the same braking challenges as speeding on a clear, sunny day.
2. Running Stop signs or Red Lights
Ignoring traffic signals like red lights and stop signs is another reckless driving act. Doing so puts you and your vehicle in danger and threatens every other vehicle on the road. Reckless driving is about the driver’s intent. For example, speeding up at an intersection when you see the light turn red to try to make it is reckless and can cause serious harm and vehicle damage.
3. Dangerous driving maneuvers
Zigzagging in between lanes, blocking the flow of traffic, or attempting an unsafe path constitutes reckless driving. Failing to use turn signals and weaving in and out of traffic are also acts of a careless driver. They scare others on the road and increase the chances of an accident.
4. Tailgating
Tailgating is following a vehicle too closely, which can cause rear-end accidents. According to the rules of the road, drivers should leave at least two car lengths between them and the vehicle in front of them.
Intentionally not following this rule can lead to a severe collision. Due to your proximity to the car in front of you, you have little time to react if they suddenly stop. If you are hit from behind, it can send your vehicle into the car in front of you, creating an unfortunate domino effect.
5. Driving a dangerous vehicle
Knowingly hitting the road with a vehicle that is unsafe to operate is considered reckless behavior. For example, driving with broken headlights or faulty brake lights puts you and others at risk of a collision. It’s one thing for you not to realize your headlight is out, but it’s another issue if you hit the road knowing your vehicle is not up to legal standards.
6. Street Racing or Stunts
Racing goes beyond just speeding. It’s about taking over a public street for selfish and dangerous purposes. This can damage other cars that may stumble across what you have deemed a racetrack. Avoid putting yourself in danger with such reckless behavior. Leave the racing to the professionals who utilize an actual course.
7. Road rage
Yelling from your vehicle is not the type of road rage considered reckless driving. Road rage constitutes reckless driving when you use your vehicle to harm someone else on the road. It is a signature example of careless driving, showing intent and disregard for the law.
8. Driving Under the Influence
Driving under the influence of drugs or alcohol constitutes reckless driving. It puts everyone, not just yourself, in harm’s way. Driving when you are fatigued is also considered to be just as dangerous. There is no reason you should pose this much risk on the road.
9. Distracted Driving
Distracted driving occurs when a driver takes their attention off the road—even for a second. Doing other things while driving—like texting, changing the radio, using GPS, adjusting the car controls, talking to passengers, or grooming—increases the risk of an accident. Distracted driving is reckless driving, especially when it puts others at risk. Anything that takes your eyes, hands, or mind off the road can have serious consequences. So stay focused behind the wheel.
10. Illegal Passing
A driver overtaking a school bus or another car at a high rate of speed in no-passing zones can constitute reckless driving. Illegal Passing can cause a head-on collision, resulting in bodily injury and property damage to other drivers and vehicles. The at-fault driver would be responsible for all the medical expenses incurred with this violation.
What are the Penalties for Reckless Driving?
Like a regular speeding ticket, being a negligent driver on the road is not without its serious consequences, including criminal charges and loss of driving privileges.
The reckless driving penalties after being convicted of driving with wanton disregard for the safety of persons or property are listed below.
Accidents and collisions
Reckless driving can cause accidents of any kind. Read-end collisions, T-bone accidents, and head-on collisions are just some examples of careless driving accidents you could be involved in. These types of reckless driving accidents don’t just affect you; they also cause stress and harm to innocent drivers.
Traffic Tickets and Large Fines
Once convicted after a reckless driving ticket, be prepared to pay hefty ticket fines, whether a traffic infraction or a criminal offense. You will probably have to hire a legal representation to defend you in court. Laws regarding aggressive driving on the road vary by state. Still, you could quickly pay tens of thousands of dollars after getting this traffic citation. The traffic offense will also appear on your criminal record.
Jail time
Jail sentences also vary based on what state you are in. However, you could be spending anywhere from days in jail to months in jail following a reckless driving collision, primarily if your driving resulted in someone else getting a physical injury.
Possible sentences of imprisonment can be as long as two years, especially if someone suffers traumatic brain injuries. If a death occurs, jail time is a mandatory penalty.
Drivers License Suspension
Be prepared to not drive for a while after a reckless driving conviction. Your drivers license is likely to be suspended, which can create a million little headaches, especially regarding auto insurance.
Driving record points
Any traffic violation will add points to your driver’s license; reckless driving is no exception. Points on driving records show your history of traffic violations and, thus, how much of a risk you are on the road.
Vehicle impoundment
Following a reckless driving conviction, your vehicle may be impounded. This is just one of the many additional penalties you will face if you drive carelessly.
Additional Consequences of Reckless Driving Charges
A reckless driving conviction will also seriously impact your car insurance rates. You can expect your auto insurance premiums to increase, or your insurance provider may drop you as a customer altogether.
Such a severe traffic violation on your criminal record will make your insurer see you as a high-risk driver. Many providers do not wish to insure drivers with such reckless habits behind the wheel of a car.
If they don’t drop you as a customer, you will likely have to ask them to file an SR-22 certificate with the state. SR22 filings are a requirement after being convicted of a major traffic violation.
Auto Insurance Rate Increases with an SR-22 Requirement
SR-22 Insurance is a certificate of financial responsibility. It tells your state that you carry at least the mandatory minimum amount of auto insurance. It is not an insurance policy but proves that you have insurance.
Since reckless driving can result in your license being suspended, many states may require you to file an SR-22 certificate to reinstate it. Your insurance provider will file the SR-22 on your behalf.
Suppose your insurance company has dropped you due to your reckless driving. In that case, several providers specialize in SR-22 Insurance and can assist you. Reckless behavior behind the wheel seriously impacts every aspect of your life, especially insurance coverage.
Careless Driving vs. Reckless Driving
Many people use careless driving and reckless driving interchangeably. If you get a ticket for either, you might pay the fine and move on. But you should know the difference.
These two offenses are similar but have different definitions, which can affect the severity of your criminal charges, car insurance rates, legal fees, and penalties.
Careless Driving
Careless driving is either negligence, unsafe driving, or hazardous conditions. A careless driver may unintentionally hurt other drivers, their passengers, or property. These are generally less severe than reckless driving.
Reckless Driving
Reckless driving offenses are more serious than careless driving. The difference between careless and reckless driving is intent.
A reckless driver knowingly engages in dangerous driving and shows a willful disregard for the law and others. While careless drivers lack intent to harm, a reckless driver knowingly takes risks and is aware of the consequences.
Knowing this is important because a reckless driving charge can get you harsher penalties, higher insurance, and a more significant impact on your driving record.
What Causes Reckless Driving?
While drivers are never exempt from taking responsibility for their choices behind the wheel, some things may cause a person to drive recklessly. It may be helpful to look at the reasoning to know what to avoid when hitting the road.
Some common causes of reckless driving include:
- Tolerating speeding - Driving over the speed limit has become second nature to drivers. Sometimes, we rely on it to get to and from where we need to go. We tolerate it from other drivers and try to mimic it even if we don’t realize it. But due to this, we can lose sight of how dangerous speeding is. It increases your chance of getting into an accident and the forces involved in a collision. Accidents caused by speeding can result in severe injuries and, sometimes, even death. Be mindful about driving and stay around the speed limit to protect yourself and other drivers.
- Constantly running late - It has been found that the reason many people choose to drive recklessly is because we are always “running late.” As life becomes demanding and we need to get to one place or another at a particular time, our likeliness of cutting corners with driving increases. We may practice more unsafe behaviors like tailgating and speeding. The more we do this, the higher our chances of causing severe and fatal collisions. Do your best not to rush while driving. Take preventative measures like leaving early to avoid worries about being late.
- Increase in teen drivers on the road - We can prevent reckless driving incidents by letting teenagers drive. Now, this is not to say teenagers should never drive. However, teens regularly make poor decisions and believe they are untouchable. This may lead to them being reckless on the road and result in accidents with other vehicles. Ease your teen into driving and monitor them closely. No one ever wants to believe their child could cause an accident due to reckless behavior, but it is a fairly common occurrence.
How to Prevent Reckless Driving
Being a wise and cautious driver can prevent reckless driving. Do your best to take your time, keep an eye on your speed to ensure you are going within the legal speed limit, and be aware of other drivers.
If you see someone tailgating you, allow them to pass to avoid being the collision victim. You should never try to keep up with someone else’s speed if it is unreasonably faster than the legal limit. Remember also to be cautious with teen drivers.
Driving is a big responsibility, and you need to take it seriously. Much damage can happen in seconds if you ignore traffic signals or weave in and out of traffic. It is never worth it to engage in careless driving and endanger your safety and that of others.
Want to read more about what is considered reckless driving or similar topics? Read our articles on Driving Without Insurance and DUI Consequences.
