Charlotte Criminal Lawyer Blog
Q and A: Reckless Driving in North Carolina
What is the Definition of Reckless Driving?
Reckless driving is driving any vehicle on a highway or other public vehicular area “carelessly and heedlessly in willful or wanton disregard of the rights and safety of others”. It simply means that a driver was operating their vehicle in an unsafe manner or in a dangerous way. Reckless driving also applies to commercial vehicles carrying loads in an unsafe or dangerous manner. Typically, reckless driving is due to speeding, although it may apply to any situation in which a driver endangers others.
What Speed is Considered Reckless Driving?
Generally, reckless driving is a charge that could be made when a driver travels at a rate of 15 mph or more over the posted speed limit or faster than 80 mph. It is important to know that a driver could be charged with reckless driving even in cases where they are driving in a manner that is unsafe and endangers the public. Some actions that could be considered reckless include speeding, failure to stop at traffic lights or stop signs, and causing damage to other cars or to property. Street racing may also result in a charge of reckless driving.
What Does “Wet Reckless” Mean?
“Wet Reckless” is a term that some people use to describe reckless driving while under the influence. In some cases, a DUI charge may be reduced to a lesser offense of reckless driving. This may be done through a plea deal, which may be a way to resolve a case with an agreement between the prosecutor and the defendant. While the charge may seem less severe, it is notable that the term may be used in the case to describe the crime and, therefore, may still imply that you were driving while intoxicated at the time of the incident.
What Factors Does the Court Consider in a Reckless Driving Charge?
Reckless driving is a serious charge, and the judge will review various factors when reviewing the case. Factors such as the speed, the location, the time of day, the weather, and how busy the area is with other vehicles and pedestrians will also be considered. The judge will determine how potentially dangerous the driving was based on these circumstances. You do not need to have the intent to harm someone to be charged with reckless driving. You may have simply used poor judgment while driving or taken unwarranted risks due to the conditions. Your behavior behind the wheel must show a willful or wanton disregard for the safety of others.
What are the Penalties for a Conviction of Reckless Driving?
Reckless driving is a Class 2 misdemeanor. It is a crime and not just a traffic violation. If you are found guilty of reckless driving, you could face a number of penalties. For a first offense, you could be sentenced to up to 30 days in jail, as well as face fines for the offense. If guilty of subsequent charges, the penalties increase. In addition to fines and jail time, you will also get points assessed on your license. This could impact your ability to maintain your driving privileges. Another consequence could be car insurance rate increases due to the points assessed for the offense.
If you have been charged with reckless driving, it is essential to consult with an experienced criminal defense attorney as soon as possible. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/wet_reckless
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-140.html
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