What Is Considered Reckless Driving in North Carolina?

No matter how long you’ve had your driver’s license, reckless driving in North Carolina carries real risks and consequences. This offense can lead to penalties ranging from fines to potential jail time. But what exactly qualifies as this criminal charge? Below, we attempt to answer the question, What is considered reckless driving in North Carolina? We will do that by looking at the laws and penalties to understand what the term really means.

Precisely What Is Considered Reckless Driving in North Carolina?

Reckless driving in North Carolina is more than just speeding. It’s any action on the road that puts others at risk. According to N.C. Gen. Stat. § 20-140, reckless driving can be charged when a driver is:

• Operating a vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of others, or
• Driving without due caution and in a manner that endangers or is likely to endanger any person or property.

The statute’s language is broad, allowing law enforcement to determine if a driver’s behavior is sufficiently reckless. While speeding may lead to reckless driving charges, it is not the only factor involved.

What Speed Is Considered Reckless Driving?

Not every case of speeding counts as reckless driving. So the question often arises, What speed is considered reckless driving? The law categorizes speeding as reckless driving when the following factors are present:

• Speeding more than 15 miles per hour over the limit in 55 mph or higher zones; and
• Driving over 80 mph, regardless of the posted speed limit.

While excessive speed is a clear indicator, other factors, such as road conditions, traffic flow, and the presence of pedestrians, may also influence whether speeding is considered reckless.

Is Reckless Driving a Felony in North Carolina?

You might wonder, Is reckless driving a felony in North Carolina? In our state, this charge is typically categorized as a Class 2 misdemeanor, not a felony offense. This means it is serious but does not rise to the level of a felony. Nevertheless, if reckless driving leads to a fatal accident or severe bodily harm, it can result in additional criminal charges, such as felony vehicular manslaughter.

Consequences of Reckless Driving

Penalties for reckless driving in North Carolina can vary depending on the circumstances of the case. They can include the following:

• Fines—a reckless driving conviction can result in penalties of up to $1,000;
• Jail time—a Class 2 misdemeanor may result in up to 60 days of jail time, depending on the individual’s criminal history and the severity of the offense;
• License suspension or revocation—you can lose your driving privileges for up to 12 months;
• Court costs—there are fees associated with the legal proceedings; and
• Points on Your Driving Record—reckless driving adds four points to your driving record, leading to higher insurance premiums and potential further penalties for accumulating points.

The penalties can vary widely depending on the facts of the case, so it is important to seek legal advice.

Key Elements in Proving Reckless Driving

To prove reckless driving against you, the prosecution must demonstrate the following elements.

• Driving a motor vehicle—you must have operated a motor vehicle on a public road, which can be a car, truck, motorcycle, or RV;
• Driving significantly above the legal limit or in a dangerous manner—your driving must have been either significantly above the posted limit or conducted with reckless disregard for the safety of others.
• Endangerment of persons or property—your driving must have posed a significant risk to the safety of others, whether through your actions or inactions.

Each of these elements is crucial in establishing reckless driving. A reckless driving charge may not hold up in court if the prosecution cannot prove these elements beyond a reasonable doubt.

Defending Against a Reckless Driving Charge

When dealing with a reckless driving charge in North Carolina, you must understand your possible defenses. Common defenses include:

• Challenging the evidence—if the evidence is insufficient or improperly obtained, the charges may be reduced or dismissed;
• Mitigating circumstances—if the driving behavior was influenced by an emergency or other factors beyond the driver’s control, this could be raised as a defense; or
• Lack of intent or recklessness—showing that there was no willful disregard for safety can weaken the prosecution’s case.

Your attorney will decide on the most effective defense strategy based on your case circumstances.

Protect Your Future Against a Reckless Driving Charge

The Tetterton Law Firm, PLLC, offers dedicated and knowledgeable attorneys experienced in criminal law and traffic offenses. Our team can provide personalized advice and aggressive defense, and we can help secure the best possible outcome for your case. Contact us today!