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|Scope of criminal liability|
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|Crimes against the person|
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|Crimes against justice|
|Crimes against the public|
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In United States law, reckless driving is a major moving traffic violation that generally consists in 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 driver's license suspension or revocation. In Commonwealth countries, the offense of dangerous driving applies.
Reckless driving has been studied by psychologistswho 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
commits a Class B misdemeanor.
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.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,punishable as follows:
|OFFENSE||MAXIMUM FINE||MAXIMUM JAIL TIME||POINTS|
§ 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]
Amended July 1, 2007
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.
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.Reckless driving also results in DMV penalties, such as points and license suspension.
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.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.
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.
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|
|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|
United Kingdom traffic laws
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 monetary fines or community service.
Theft is the taking of 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 an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, library theft or fraud. In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny. Someone who carries out an act of or makes a career out of theft is known as a thief.
Burglary, also called breaking and entering and sometimes housebreaking, is illegally entering a building or other areas to commit a crime. Usually that offence is theft, robbery or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than intentional wickedness, but is more blameworthy than careless behaviour.
In some countries, resisting arrest is a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:
Making false statements is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, even by merely denying guilt when asked by a federal agent. A number of notable people have been convicted under the section, including Martha Stewart, Rod Blagojevich, Michael T. Flynn, Rick Gates, Scooter Libby, Bernard Madoff, and Jeffrey Skilling.
Almendarez-Torres v. United States, 523 U.S. 224 (1998), was a decision by the United States Supreme Court which confirmed that a sentencing enhancement based on a prior conviction was not subject to the Sixth Amendment requirement for a jury to determine the fact beyond a reasonable doubt.
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.
In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of traffic offenses.
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. 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.
In the United States, age of consent laws regarding sexual activity are made at the state level. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states, District of Columbia, and territories. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.
In the 20th century, the United States began to invalidate laws against blasphemy which had been on the books since before the founding of the nation, or prosecutions on that ground, as it was decided that they violated the American Constitution. The First Amendment to the United States Constitution provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press...", and these restrictions were extended to state and local governments in the early 20th century. While there are no federal laws which forbid "religious vilification" or "religious insult" or "hate speech", some states have blasphemy statutes.
In traffic laws, a hit and run or a hit-and-run is the act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions.
Drug–impaired driving, in the context of its legal definition, is the act of driving a motor vehicle while under the influence of an impairing substance. DUID, or Driving Under the Influence of Drugs, is prohibited in many countries. Several American states and European countries now have "per se" DUID laws that presume a driver is impaired if they are found to have any detectable quantity of controlled substances in their body while operating an automobile and that the driver has no doctor's prescription for the substance. This is similar to the "per se" DUI/DWI laws that presume a driver is impaired when their blood alcohol content is above a certain level. There is some controversy with "per se" DUID laws in that a driver with any detectable quantity of controlled substances may not in fact be impaired and the detectable quantity in blood or sweat may be only the remnants of drug use in days or weeks past. It is against road traffic safety.
Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony.
Expungement in the United States is a process which varies across jurisdictions. Many states allow for criminal records to be sealed or expunged, although laws vary by state. Some states do not permit expungement, or allow expungement under very limited circumstances. In general, once sealed or expunged, all records of an arrest and of any subsequent court proceedings are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.
Criminal copyright laws prohibit the unacknowledged use of another's intellectual property for the purpose of financial gain. Violation of these laws can lead to fines and jail time. Criminal copyright laws have been a part of U.S. laws since 1897, which added a misdemeanor penalty for unlawful performances if "willful and for profit". Criminal penalties were greatly expanded in the latter half of the twentieth century, and those found guilty of criminal copyright infringement may now be imprisoned for decades, and fined hundreds of thousands of dollars.
Refusing to assist a police officer, peace officer or other law enforcement officer is an offence in various jurisdictions around the world. Some jurisdictions use the terminology '"refusing to aid a police officer" or "failure to aid a police officer".