What Is Considered Reckless Driving in North Carolina?

It is important for drivers to always use caution and common sense when out on the road. This is crucial not only for their own safety, but also for the safety of others. North Carolina maintains strict traffic laws aimed at keeping the streets safe. However, many drivers do not know what is considered reckless driving in North Carolina.

What Is Considered Reckless Driving?

In North Carolina, reckless driving refers to operating a vehicle without regard for either traffic laws or the safety of other drivers on the road. Reckless driving behaviors can include speeding, continuing through stop signs, running red lights, and damaging other vehicles or property. Any act that willingly disregards how the outcome of your driving may affect others can be considered reckless.

How Can I Avoid Reckless Driving?

You can still be charged with reckless driving if you were speeding or violating traffic rules even if you were not driving with intent to harm another person. For this reason, it is important to keep both safe driving techniques and all applicable traffic laws into consideration for every drive.

In most cases, this simply means ensuring you are staying within safe and legal speed limits. If you have a long drive ahead of you, consider leaving early so you have plenty of time to arrive at your destination. Make sure to pay close attention to posted signs and overall traffic conditions throughout your drive, adjust speed as needed for adverse weather conditions, heavy traffic, school zones, and construction areas, and watch carefully for other drivers’ behavior, which can be unpredictable.

What Is the Impact of Reckless Driving?

Reckless driving has a negative impact in several areas, including increased insurance premiums, license suspensions, and both costly repairs and medical costs when accidents are involved. It can lead to increased stress and anxiety for all drivers on the road. Most importantly, reckless driving poses a safety risk to everyone on the road and is responsible for a high number of traffic accidents and fatalities every year.

What Is the Penalty for Reckless Driving?

In North Carolina, reckless driving is considered a Class 2 misdemeanor. Penalties include both fines and potential jail time, depending on the nature of the charge, such as whether you were speeding or caused damage to other vehicles or persons. If you commit other traffic violations, your fine for reckless driving could increase. Additionally, if you have a prior conviction in the same year, you could lose your license upon offense.

Factors That Are Considered in a Reckless Driving Case

When evaluating the case, a judge will consider the location of the violation, your speed, any pedestrians present, weather conditions, and the terrain of the road. If you were speeding on a curved highway with a minimal view of the traffic ahead, for example, the judge would be more likely to consider the behavior reckless. Drivers are expected to take extra precautions during difficult driving conditions, such as heavy traffic, difficult terrain, or inclement weather.

In each case, the judge will try to assess the level of risk you took while driving and consider the potential effects on the general traffic of the area. Drivers can still make mistakes, and not every reckless driving behavior arose from an intent to harm themselves or others. In many cases, they simply had a lapse in judgment while driving.

It is important to understand that reckless driving is distinct from aggressive driving. Aggressive driving involves two or more concurrent violations, such as speeding and illegal passing, and represents a more serious offense.

FAQs

Q: What Speed Is Reckless Driving in North Carolina?

A: Driving fifteen miles per hour above the posted speed limit or driving at speeds exceeding eighty miles per hour are both considered reckless driving. In addition to other penalties stemming from a reckless driving charge, points will be docked against your driver’s license, leading to increased insurance rates and potential suspension of your driver’s license. The higher the speed, the more points you lose and the greater the chances of losing your license.

Q: Can a Reckless Driving Charge Be Dropped in North Carolina?

A: A reckless driving charge can be dropped in North Carolina if you can demonstrate that you acted within reason, without disregard for laws or the safety of others. In most cases, a driver can try to negotiate to reduce the charge to a lesser offense, such as improper driving. It is important to discuss the details of your case with a qualified and experienced attorney to understand your options.

Q: What Is the Difference Between Careless Driving and Reckless Driving in North Carolina?

A: North Carolina law makes no legal distinction between careless driving and reckless driving. Instead, it specifically defines and penalizes reckless driving as any manner of driving that is likely to endanger any person or property. Such manner is reckless, and not merely careless, when a person displays a willful or wanton disregard for the rights and safety of others.

Q: What Is the Most Common Punishment for Reckless Driving?

A: The most common punishment for reckless driving in North Carolina is a misdemeanor charge, a fine, and points added to a driver’s license. Having these points on your record will affect your insurance policy, and accumulating too many points can lead to jail time. For a first offense, the punishment can include up to 30 days in jail. While these represent the more common penalties, every case is different. A criminal defense attorney can help you understand your charges.

North Carolina Criminal Defense Law Firm – The Law Office of Kevin L. Barnett

Reckless driving is a serious offense, and drivers should be cautious when they are on the road. It is important to take both your safety and the safety of others seriously while operating a vehicle. If you have recently been charged with reckless driving, contact The Law Office of Kevin L. Barnett for a consultation to help guide you through the legal process and potentially reduce your charges.