Reckless Driving

https://www.justia.com/criminal/offenses/traffic-offenses/reckless-driving/

Reckless driving is defined as driving with a willful or wanton disregard for the safety
of others, or a willful disregard of the potential consequences of one’s actions. It
arises not from mere negligence but often from a conscious decision to expose
others to the risk of harm. It does not require a showing that someone was actually
injured as a result of the driver’s actions. The possibility of endangerment is
sufficient.

Reckless Actions
While any use of a vehicle can constitute reckless driving if it is done in a willful or
wanton manner, many states set forth particular behaviors that are presumed to be
reckless under the laws of that state. These are sometimes called “per se” reckless
driving. For instance, in many states, the following actions constitute reckless driving:

 Driving without using headlights;

 Excessive speeding;
 Drag racing or otherwise racing other vehicles;
 Improper passing of another vehicle; and
 Failing to pay attention to the road.

In a few states, even basic traffic offenses like running a red light or failing to keep
a proper distance in bad weather can constitute reckless driving. It is important to
check the laws of your state to determine what actions may put you at risk of a
reckless driving charge.

Although speeding while driving is a dangerous activity, it is rarely held to amount to

reckless driving unless the speed is excessive, which generally means driving more
than 25 miles per hour above the posted limit. Speeding also may be considered
excessive if it is combined with other factors indicative of recklessness, such as
speeding on a dark and winding road or speeding in an area that is highly congested
with pedestrians.

While driving under the influence of alcohol or drugs typically suggests a disregard
for the safety of others, it is usually charged as a separate crime of driving under
the influence rather than as reckless driving.

The Driver’s Mental State

Determining whether a driver engaged in willful and wanton conduct can be a
complicated task. Since reckless driving requires more than mere negligence, a
prosecutor must show that the defendant did more than simply make a mistake
about the rules of the road. This does not, however, require a showing that the driver
intended to engage in conduct that would put others at risk, or intended to cause
another driver or pedestrian harm. Instead, willful and wanton conduct can be
inferred from the circumstances of the violation.

Punishment for Reckless Driving

Reckless driving may be charged as a misdemeanor or a felony, depending on the
severity of the conduct at issue. If the driver’s actions lead to actual bodily harm, a
felony will often be charged. Additionally, if death results, the driver may also face a
charge of vehicular homicide. Penalties for reckless driving will vary by state, but
they may include criminal charges, fines and jail time, or possible revocation or
suspension of a driver’s license.

Last updated April 2018

Driving on a Suspended or Revoked

License
Although most of us consider driving to be a basic right of adulthood, the privilege of
holding a driver’s license is reserved for those who demonstrate an understanding
and respect for the rules of the road. When drivers fail to abide by those rules or act
in a manner that suggests a lack of consideration for the safety of others, the state is
capable of suspending or revoking a driver’s license. While this may seem like a
minor issue, driving after a license has been suspended or revoked can be a very
serious traffic offense.

Reasons for Suspension or Revocation

A state may suspend or revoke a driver’s license for a variety of reasons, depending
on the criminal laws of that state. Possible grounds for suspension include:

 Driving while under the influence of alcohol or drugs;

 Failing to appear at a court proceeding for another traffic offense;
 Failing to possess auto insurance for a vehicle;
 Failing to pay traffic tickets or another traffic related fine; or
 Engaging in reckless driving, such as grossly excessive speeding.

Suspension or revocation of a driver’s license may even be ordered as punishment

for failing to keep up with court-ordered child support payments.

In certain circumstances, a driver may have his or her license revoked while
retaining the option of using a restricted license. This allows a driver to use a vehicle
only for specific purposes, such as driving back and forth to work or school.
Restricted licenses may limit the time of day or how frequently the driver is permitted
to use the vehicle, and they are typically very limited.
Punishments for Driving on a Suspended or
Revoked License
Because of the necessary requirements of daily life, drivers who have had their
licenses suspended will often be tempted to take their cars for quick trips to run
errands, meet friends, or get to work more quickly. Although this may not seem like a
big deal, it can result in very serious consequences. In some states, including
California, getting caught driving on a suspended license can result in mandatory jail
time of up to six months, as well as hefty fines. In other states, the penalties may be
lighter at first but increase significantly for repeat offenses. For instance, in Kansas,
a second offense of driving on a suspended license will result in at least one year of
jail time.

Additionally, when a driver’s license has been suspended because of a DUI, many
states impose harsher sentences on those who violate their suspensions.

Getting a License Reinstated

Although it is possible to have a license permanently revoked, in most circumstances
a driver will be eligible to have his or her license suspension or revocation lifted after
certain requirements are met. These requirements are often called “conditions for
reinstatement.” They often vary depending on the reason that the license was initially
revoked, and they may include paying outstanding fines or child support fees,
attending and completing traffic school classes, providing proof of insurance, or
attending drug or alcohol treatment.

Once these conditions are completed and any necessary period of time has passed,
a driver with a suspended license may resume driving. Depending on the state, this
may be an automatic reinstatement of driving privileges, or it may require a formal
approval from the state or a court. If the driver’s license has been revoked, the driver
will have to go through the process of applying for a new license.

Last updated April 2018

Driving Without a License

In order to ensure the safety of all individuals on the road, all states in the United
States have developed comprehensive sets of laws meant to govern the actions of
drivers and deter traffic offenses. One of the most fundamental principles
underlying these sets of laws is the fact that driving is a privilege that must be
applied for. Therefore, a driver’s license is permitted only for those who have
established that they can abide by the rules of the road and have indicated that they
will respect the responsibilities that driving necessarily encompasses. Since a
license is a privilege and a responsibility, all states have identified driving without a
license as a punishable offense.

Reasons for Driving Without a License

There are several reasons why an individual may be caught driving without a license.
Often, the driver may simply never have applied for a driver’s license from his or her
local Department of Motor Vehicles (DMV), and thus no license has been issued.
This is often the case for drivers who lack citizenship or legal status in the United
States and cannot lawfully obtain a driver’s license. In order to reduce driving without
a license offenses among undocumented populations, some states, including
California and Illinois, have passed laws allowing unlawful immigrants access to
driver’s licenses.

A driver may also be driving without a driver’s license because that license has been
suspended or revoked due to a past crime or outstanding legal issue. In these
circumstances, the driver may be charged with driving without a license, or with
driving with a license that has been suspended or revoked, depending on the
laws of the specific state.

Punishment for Driving Without a License

Penalties for driving without a license vary widely depending on the circumstances
causing the lack of a license. If an individual has never obtained a license, or has an
expired license, punishments will be less severe and may include fines. This crime is
usually charged as a misdemeanor. However, in some states, a driver who is caught
driving without a license as a result of a license revoked because of a DUI or other
severe offense may face harsher punishment, including jail time and an extension of
the length of the license suspension. Notably, the location where one is driving also
matters in some states. A driver who is caught driving on private roads or a remote
area may face less punishment than someone caught driving on major public
highways.

An additional common effect of a driving without a license charge is a significant

increase in car insurance premiums. Many car insurance companies will be quite
reluctant to provide insurance for individuals caught driving illegally in this manner.

Driving Without Proof of License

In some circumstances, an individual may be stopped for a traffic violation and find
that he or she has forgotten the license. Although in possession of a valid license,
the driver will be unable to show law enforcement officers that this is the case.
Typically, the driver may be given a citation or a warning about the failure to produce
a license, but he or she will be given an opportunity to show the license at a later
date. It is important to understand that in many states, a failure to produce a license
is presumed to mean that the driver does not have a valid license, and it is the
driver’s obligation to produce a license to the court in order to avoid a criminal
charge.

Last updated April 2018

Vehicular Assault
Vehicular assault is a form of assault that involves the use of a vehicle to cause
another person harm or threaten him or her with harm. The crime of vehicular
assault often accompanies other traffic offenses. For instance, if a driver acts
recklessly by operating a vehicle at an excessive speed and injures a pedestrian or
another driver in the process, he or she may be liable for both reckless driving and
vehicular assault. Other common traffic offenses that may lead to vehicular assault
charges include driving while under the influence and driving without a license.

Addressing Vehicular Assault

Not all states provide for a separate crime of vehicular assault. In some states,
whether or not an individual was injured during a traffic offense is a factor that is
considered in evaluating the level of punishment that the perpetrator should receive.
In these circumstances, vehicular assault is considered an aggravating factor rather
than a separate crime. Often, a victim will also have a remedy in civil court to sue the
driver for damages he or she experienced as a result of the driver’s actions,
including property loss, medical expenses, pain and suffering, or lost wages.

In other states, vehicular assault may be punished as a separate criminal offense.

Often, the injury incurred must be severe for the crime of vehicular assault to be
charged. States that have passed statutes criminalizing vehicular assault include
Colorado, New York, and Oregon, among others. In these states, for instance, a
driver who gets behind the wheel after drinking a significant amount of alcohol would
be charged with DUI, while a driver under similar circumstances who also injures
another person would be charged with both DUI and vehicular assault.

It is also important to remember that causing injury to another person is treated

differently under criminal traffic laws than causing the death of another person. If a
driver’s reckless actions result in death, vehicular homicide would be charged
instead of vehicular assault.

Punishment for Vehicular Assault

States vary as to whether they categorize vehicular assault as a felony or a
misdemeanor. In many states, if the vehicular assault results in serious bodily harm,
or is the product of driving under the influence, the driver may be charged with a
felony. This can result in several years of prison time and significant fines. If the
consequences of the assault are less severe, a driver’s charge may be reduced to a
misdemeanor. In most circumstances, however, a charge of vehicular assault will
result in some form of jail time.

Since a driver who commits a vehicular assault represents a threat to the safety of
other drivers and pedestrians, a common punishment for vehicular assault is the
temporary suspension of the driver’s license. Depending on the circumstances that
led to the charge, the driver may be required to undergo remedial classes or pay
certain fines in order to have his or her license reinstated.

Last updated April 2018