What Is Considered Reckless Driving in North Carolina? 2024

A charge for reckless driving can mean many things. It is a broad term that classifies several types of offenses, and it is considered a Class 2 misdemeanor. So, what is considered reckless driving in North Carolina? Reckless driving involves negligence and disregard of driving rules set in place to keep drivers safe. When someone engages in reckless driving, they may endanger themselves and others on the road. If you’re facing reckless driving or speeding charges, consulting a Gastonia speeding ticket lawyer is beneficial.

What is Reckless Driving

Reckless driving is a term that encompasses many kinds of negligent behaviors behind the wheel, such as:

• Exceeding speed limits
• Driving too fast for weather or working conditions
• Racing
• Road rage and aggressive driving
• Driving erratically or unpredictably
• Driving while drunk or intoxicated (DWI)
• Distracted driving (can include texting while driving)
• Tailgating or following other cars at a dangerously short distance
• Making lane changes in an unsafe manner
• Failing to use proper signaling techniques

All of these behaviors contribute to unnecessary, dangerous driving conditions, placing yourself and other drivers in harm’s way.

Consequences of Reckless Driving

Engaging in reckless driving can lead to serious, sometimes life-altering, consequences. Collisions that occur at high speeds may leave drivers injured, permanently disabled, or even killed. The kinds of bodily injuries one can obtain through reckless driving can be as small as bruising or result in death. Some common injuries from reckless driving are:

• Broken bones
• Lacerations
• Internal injuries
• Full or partial paralysis
• Burns
• Traumatic brain injuries

Sustaining any of these injuries can have far-reaching implications for all parties involved.

Potential Legal Penalties for Reckless Driving in North Carolina

If you are charged with reckless driving, you may face legal penalties. Traffic incidents can normally be split into three categories:

• Infractions – Infractions do not require proof of intent to be charged. It is only required that the person committed the offense, whether or not they intended to. You cannot be jailed for an infraction.
• Misdemeanors – These are less serious than felonies but more serious than infractions. Unlike infractions, a misdemeanor is considered a crime and can be punished more severely. Most reckless driving cases are considered misdemeanors in North Carolina.
• Felonies – Misdemeanors can become felonies if they result in serious consequences like vehicular homicide or if misdemeanors are enhanced by another prohibited activity like driving while intoxicated.

In North Carolina, reckless driving is usually considered a misdemeanor. However, it is possible to be charged with a felony if you have an existing record of reckless driving or if you cause an injury or death. Legal penalties vary depending on the severity of the incident, as well as if the incident occurred while participating in another prohibited activity.

However, with the help of an attorney, it is also possible to achieve a reduced sentence. If you received a charge for a DWI, you may be able to get your sentence reduced to a misdemeanor instead of a felony through a plea bargain.

The maximum fine you can receive for a class 2 misdemeanor in North Carolina is $1000, although repeat offenders can face higher fines and even imprisonment. License suspension and revocation are a common penalty for reckless driving offenses. If your reckless driving incident resulted in harm to another person, you may also be liable for any claims they wish to file against you. Therefore, you can still be faced with a high penalty for someone’s personal injury claim without ever receiving a ticket.

Can You Contest a Reckless Driving Charge?

Contesting a reckless driving charge is difficult but not impossible, and we strongly recommend having a traffic lawyer on your side. In North Carolina, victims of reckless driving accidents have the right to file a personal injury claim or insurance claim against the perpetrator. The success of their case hinges on proving that the other party was liable for damages they incurred.

Proving Liability in a Reckless Driving Accident

The victim of a reckless driving accident must be able to prove that their injury or losses are a direct result of the reckless driver’s actions to prove liability. However, if the victim is found to be liable in any way for the incident, this could jeopardize the validity of the case.

Proving liability is a task better suited for an experienced traffic law attorney. We can help you gather physical evidence like traffic camera footage, witness statements, and private surveillance video to create a strong defense for your reckless driving charges.

FAQs About Reckless Driving in North Carolina

What Speed Is Considered Reckless in North Carolina?

To determine what speed is considered reckless in North Carolina, you must consider environmental circumstances in addition to posted speed limits. Road work areas and inclement weather both affect the way you should respond to the posted speed limits.

For license revocation, you must be going over 15 miles per hour over the speed limit and at least 55 mph or driving more than 80 mph. License revocation can also be contingent on prior traffic convictions.

Can a Reckless Driving Charge Be Dropped in North Carolina?

A reckless driving charge in North Carolina can be dropped if there is not sufficient proof that you committed the offense. However, this can be difficult to prove in court. For a reckless driving charge to be dismissed, you must be able to prove you did not commit the offense or that you were not liable for any damages requested by involved third parties.

What Are the Most Common Penalties for Reckless Driving?

Common penalties for reckless driving incidents include:

• License suspension or revocation
• Fines up to $1000
• Jail time (for some felony cases and repeat offenders)

All of these punishments for reckless driving are contingent on the severity of the reckless driving incident and may be contested in court with the help of an experienced traffic lawyer.

What Is the Most Common Type of Reckless Driving?

The most common type of reckless driving is speeding, according to the National Highway Traffic Safety Administration. Speeding has made up nearly one-third of motor vehicle fatalities, and it endangers everyone on the road, not only the driver. Their definition of speeding also includes exceeding safe speeds for a driver’s particular circumstances, including temporary inclement weather and work zones.

If you have been involved in a reckless driving incident in North Carolina, contact an experienced traffic lawyer at The Law Firm of Brent D. Ratchford today.