Reckless driving is one of the most serious traffic violations a driver can face in North Carolina. It’s a charge that can carry significant consequences, including hefty fines, points on your driving record, increased insurance premiums, and even the possibility of jail time. But what exactly constitutes reckless driving in North Carolina? Understanding the legal definition and how it is applied can help you better navigate this serious charge.

At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we have extensive experience handling reckless driving cases. Our goal is to help you understand your rights and the charges against you, and to provide the best possible defense.

North Carolina’s Legal Definition of Reckless Driving

North Carolina law defines reckless driving under N.C. General Statutes § 20-140. Reckless driving generally falls under two categories:

1. Driving with Wanton Disregard for Safety: This form of reckless driving occurs when a person operates a vehicle “carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.” In simple terms, if you are driving in a way that endangers others—whether it’s speeding excessively, tailgating, or ignoring traffic signs—you could be charged with reckless driving.
2. Driving at an Unsafe Speed or in a Manner that Endangers Others: Even if you’re not driving recklessly in the sense of swerving or being aggressive, driving at a speed or in a manner that is considered unsafe for the conditions can also qualify as reckless driving. For example, driving the posted speed limit during severe weather conditions (like heavy rain or snow) could be considered reckless if it endangers others on the road.

Common Examples of Reckless Driving

Reckless driving can include a variety of behaviors behind the wheel. Some common actions that may lead to a reckless driving charge in North Carolina include:

• Excessive Speeding: Driving well above the speed limit, especially in a residential area, can be considered reckless driving. In North Carolina, driving over 15 mph above the posted speed limit or exceeding 80 mph on a highway can result in reckless driving charges.
• Aggressive Driving: Tailgating, weaving in and out of traffic, or road rage incidents can easily be classified as reckless driving.
• Ignoring Traffic Signals: Failing to stop at a red light, stop sign, or yielding at intersections can be deemed reckless if it puts others at risk.
• Illegal Passing: Passing on a curve or a double yellow line where it is unsafe to do so can be considered reckless driving.
• Street Racing: Participating in street racing or other forms of competitive driving on public roads will often result in reckless driving charges.

Consequences of Reckless Driving in North Carolina

A reckless driving conviction in North Carolina is a Class 2 misdemeanor, meaning it carries severe penalties. These can include:

• Fines: You could face fines of up to $1,000 for reckless driving, depending on the circumstances of the case.
• License Points: A reckless driving conviction will result in 4 points being added to your North Carolina driving record. Accumulating too many points can lead to a suspension of your driver’s license.
• Jail Time: In some cases, reckless driving can result in a jail sentence of up to 60 days, particularly for repeat offenders or if the violation caused serious harm or damage.
• Insurance Premium Increases: A reckless driving charge can cause a significant increase in your car insurance rates, as insurers see this as a high-risk offense.

Defending Against a Reckless Driving Charge

If you’ve been charged with reckless driving, you may have several defense options available to you. The defense strategy depends on the specific facts of the case, but common defenses include:

• Challenging the Evidence: This could include disputing the speed you were allegedly driving or questioning whether your actions truly endangered others.
• Mitigating Circumstances: In some cases, your attorney may be able to argue that there were extenuating circumstances, such as a medical emergency, that caused you to drive in a certain manner.
• Reducing the Charge: It may be possible to negotiate a reduction of the reckless driving charge to a lesser offense, such as improper driving or speeding, which carries fewer penalties.

Why You Need a Reckless Driving Lawyer

Reckless driving is a serious charge that requires a strong legal defense. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our experienced reckless driving lawyers understand the intricacies of North Carolina traffic law and can help you build a solid defense. We will work diligently to minimize the impact of a reckless driving charge on your life, whether that means fighting the charge in court, negotiating for a reduced sentence, or helping you avoid long-term consequences like license suspension or jail time.

Contact Us for a Free Consultation

If you’ve been charged with reckless driving in Greensboro or anywhere in North Carolina, it’s critical to have an experienced traffic lawyer on your side. Contact Garrett, Walker, Aycoth & Olson, Attorneys at Law today for a free consultation. We’ll review your case, explain your options, and help you fight for the best possible outcome.

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