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In United States law, reckless driving is a major moving violation related to aggressive driving that generally consists of driving a vehicle with willful or wanton disregard for the safety of persons or property. It is usually a more serious offense than careless driving, improper driving, or driving without due care and attention, and is often punishable by fines, imprisonment, or the suspension or revocation of one's driver's license. In Commonwealth countries, the offense of dangerous driving applies.
Reckless driving has been studied by psychologists [1] who found that reckless drivers score high in risk-taking personality traits; however, no one cause can be assigned to the mental state.
Depending on the jurisdiction, reckless driving may be defined by a particular subjective mental state that is evident from the circumstances, or by particular driver actions regardless of mental state, or both.
Amended Sec. 19, Ch. 739, Stats. 2001. Effective January 1, 2002.
Amended Ch. 216, Stats. 1984. Effective January 1, 1985.
O.C.G.A. § 40-6-390. Reckless Driving
39:4-96. A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.
On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both.
Reckless driving in New York is a criminal misdemeanor. [3] Other than in the New York City Criminal Court, an adult defendant has a right to a jury trial for all misdemeanors, including reckless driving.
A New York reckless driving charge is an unclassified misdemeanor, [4] punishable as follows: [5]
OFFENSE | MAXIMUM FINE | MAXIMUM JAIL TIME | POINTS |
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1st | $300 | 30 days | 5 |
2nd | $525 | 90 days | 5 |
3rd | $1,125 | 180 days | 5 |
§ 1212. Reckless driving. Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.
ORS 811.140 Reckless driving • penalty (1) A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property. (2) The use of the term recklessly in this section is as defined in ORS 161.085 (Definitions with respect to culpability). (3) The offense described in this section, reckless driving, is a Class A misdemeanor and is applicable upon any premises open to the public. [1983 c.338 §571]
The Code of Virginia has many articles pertaining to reckless driving. For example, Virginia code Virginia Code § 46.2-862 explicitly defines the act of speeding 20 mph or more above the posted speed limit, or at any speed greater than 85 mph, as reckless driving. [6]
While Reckless Driving is considered a violation of the code of motor vehicles, it is punished as a Class 1 misdemeanor, which is a crime punishable by up to one year in jail in Virginia. [7] Reckless driving also results in DMV penalties, such as points and license suspension. [8]
Drivers convicted of reckless driving in Virginia, including out-of-state and foreign (e.g. Canadian) drivers, will not have a criminal record from this conviction since the statute applies under title 46.2 and not title 18.2. The conviction is not indexed in the National Crime Information Center nor is it reported to the Virginia Central Criminal Records Exchange. [9] However, the conviction is indexed in the Virginia General District Court Online Case Information System and is added to the Virginia Department of Motor Vehicles (DMV) record for 11 years, and six demerit points are applied. [8]
A person charged with reckless driving, if they show that their actions, while they do show insufficient care or failure to properly operate a vehicle, but are not truly serious enough to reach the level of reckless driving, may instead be convicted by the court of the lesser included offense of improper driving which is considered a traffic infraction. This potential reduction in level of offense is only available at trial, as a law enforcement officer can only write a traffic ticket or summons for reckless driving, they do not have the ability to write a ticket for improper driving. [10]
Commonly applied statutes for reckless driving
List of applicable statutes from the Code of Virginia
(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to three hundred sixty-four days and by a fine of not more than five thousand dollars.
State | Pre-requisite | Mandatory Penalty | Maximum Penalty | Source |
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Texas | None specified | None specified |
| http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.545.htm |
Virginia | Greater than 80 mph OR more than 20 mph over posted speed limit | Class 1 misdemeanor |
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A misdemeanor is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions and regulatory offences. Typically, misdemeanors are punished with prison time of no longer than one year, monetary fines, or community service.
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief.
In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.
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California criminal law generally follows the law of the United States. However, there are both substantive and procedural differences between how the United States federal government and California prosecute alleged violations of criminal law. This article focuses exclusively on California criminal law.
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The National Information Infrastructure Protection Act was Title II of the Economic Espionage Act of 1996, as an amendment to the Computer Fraud and Abuse Act.
In United Kingdom law, dangerous driving is a statutory offence related to aggressive driving. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driving. Canada's Criminal Code has equivalent provisions covering dangerous driving.
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