A charge of reckless driving is far more serious than your standard speeding ticket. It actually qualifies as a Misdemeanor in North Carolina, and carries much stiffer penalties, including:
- 4 driver’s license points
- Automatic suspension of your license for 30 days, and discretionary suspension for up a year
- Possible jail time of up to 60 days
- High fines and court costs which can exceed $1,000
- 90% increase in insurance rates for 3 years
A police officer can charge you with reckless driving for a variety of reasons:
- Excessive speeding (20+ mph over the speed limit, or over 80mph)
- Aggressive driving that the officer deemed to have put other drivers at risk, such as weaving in and out of traffic
- Illegal passing
- Street racing
Many police departments and Highway Patrol automatically add a charge of reckless driving if you are charged with speeding at an excessive rate. In fact, you should consider yourself lucky if the officer does not include a reckless charge when you speed excessively.
There are also different categories of reckless driving in North Carolina:
- Careless driving, which is the lowest category of reckless, is charged when someone is driving in such a manner that injury to other drivers or property is possible, but the driver lacks motive or intent to do harm.
- Reckless driving is charged when someone drives so careless that he knows, or ought to know, that he is endangering others.
- Aggressive driving is the highest level of reckless and constitutes a Class 1 Misdemeanor. It typically involves very high rates of speed, or a combination of dangerous driving activities that indicated a gross indifference to the safety of others. Whether a person’s charge rises to the level of “aggressive driving” depends on the circumstances and just how dangerously he or she was driving. A conviction of “aggressive driving” will usually result in higher fines, longer license suspension, greater possibility of active jail time, and a 200% rise in insurance rates for 3 years.
Am I Required to Appear In Court For Reckless Driving?
When you are charged with reckless driving, you are required to come to court. It is not considered a “waivable” offense for which your attorney can appear for you.
The one exception to this general rule is if your attorney is able to negotiate a dismissal of your reckless charge as part of a plea deal.
In many cases where reckless driving is charged, we can get the charge dismissed so long as you plead guilty to something else, such as speeding. Once a plea deal is made which disposes of your reckless charge, then your appearance can be “waived” and we go to court for you.
We often have clients who are charged with speeding over 90 mph and reckless driving. In many such cases, we are able to reduce the speeding charge and have the reckless charge dismissed. It all depends on your record, of course.
If you’ve been charged with both speeding and reckless driving, give us a call at 336-995-0060 or email us at info@mcelweelawfirm.com and we can let you know what to expect.
How Serious Is A Reckless Driving Charge?
In North Carolina, reckless driving is a Class 1 or 2 misdemeanor depending on the circumstances and whether it rises to the level of “aggressive” driving. Either way, reckless driving carries the potential for license suspension, massive insurance increases, active jail time, and very heavy fines.
If you are charged with reckless driving in North Carolina, it is imperative that you do whatever you can to have this charge dismissed or reduced. Otherwise, you are placing your license and even your liberty in jeopardy. You probably need an experienced attorney to help you navigate through your reckless driving charge.
We represent clients with reckless driving charges weekly. Most of them are dismissed as part of plea negotiations. When reckless cannot be dismissed, then we take steps to minimize its impact.
If you’ve been charged with reckless driving, give us a call and we’ll be happy to review your record and explain your options. Call 336-995-0060 or email us at info@mcelweelawfirm.com.
Can I Get A “PJC” On A Reckless Driving Charge?
The quick answer is “Yes” it is possible to obtain a Prayer for Judgment Continued (or “PJC”) on a reckless driving charge in North Carolina.
However, this is typically a last resort and rarely available. We’ve found that most district attorney’s offices resist attempts to get a PJC on a reckless charge, and many judges are hesitant to grant them. In some circumstances it is a tool that can be considered, and some counties (such as Guilford, for instance) tend to utilize it in certain high speed cases.
Evidence That May Help You Obtain A Better Outcome For Reckless Driving Charges
It is difficult to plead not guilty and beat a reckless driving charge. In the vast majority of cases, the best practice is to try and negotiate the charge away. Most attorneys advise against pleading “not guilty” to reckless driving and rolling the dice, unless there is very clear evidence to contest the charge.
Evidence that might be presented to contest (or possibly negotiate away) a reckless driving charge would be:
- Eyewitness testimony that you were not driving recklessly, or were not even the driver of that vehicle. Such testimony would need to be credible to the court and meet the “beyond a reasonable doubt” standard for criminal cases.
- GPS evidence can be used to refute speed, if properly authenticated and introduced into evidence. It might also be used to argue that even if you were speeding, your speed was not so excessive as to constitute reckless driving.
- Surveillance footage, traffic cameras, or other recorded evidence of your driving at the time of the charge might also be used to demonstrate that your driving was not reckless.
Again, successfully beating a reckless driving charge with conflicting evidence is very rare. Officers appear in court every week, and are usually considered credible when they testify that you were speeding or driving recklessly. Your best bet is almost always to negotiate a resolution that keeps your license and insurance in good standing.
If you are charged with reckless driving, we can help! Speak with a traffic attorney with 25 years of experience today!
Call us at 336-995-0060
or email us at info@mcelweelawfirm.com.
Will McElwee has been a traffic attorney for over 25 years, and has established a solid track record helping folks from Boone and Wilkesboro to Winston Salem address traffic tickets. His family has a long and fruitful history in the area: the McElwee Law Firm began in 1932. Will’s grandfather, William H. McElwee, Jr., was a former president of the North Carolina Bar and sat on North Carolina’s Board of Law Examiners for many years.
As a “Double Deac,” Will attended Wake Forest University for both undergraduate and law school. He is a certified Superior Court and Family Financial Mediator and is also certified in the field of collaborative law.
