Unlike in other states, reckless driving is not simply a traffic infraction in North Carolina. It is considered a crime — and can come with serious consequences. However, it’s important to understand what constitutes reckless driving and what the penalties are. While most people have broken the speed limit at one time or another, there are certain criteria that must be met for driving to be considered “reckless.”

What is Reckless Driving?

Under North Carolina law, reckless driving is broadly defined as driving carelessly or heedlessly in a manner that willfully and wantonly disregards the safety of others. The law also considers driving “without due caution and circumspection and at a speed or in a manner” that is likely to endanger others to be reckless driving.

Reckless driving can include behaviors such as:

• Going through a red light
• Running a stop sign
• Aggressive lane changes
• Tailgating
• Drag racing
• Weaving in and out of traffic
• Illegal passing
• Endangering pedestrians

Reckless driving should not be confused with aggressive driving. While both are considered misdemeanors, a charge of aggressive driving requires unsafe behavior with the intent to harass or instill fear in others — this could be referred to as “road rage.” Rather, reckless driving only requires that the vehicle operator exhibit unsafe driving behavior.

Is Speeding Considered Reckless Driving in North Carolina?

In some cases, driving over the posted speed limit may be considered reckless driving in North Carolina. A driver who operates their vehicle at a speed greater than 15 miles per hour over a posted speed limit of 55 miles per hour may be charged with reckless driving. In addition, driving more than 80 miles per hour may be charged as reckless driving.

Speeding that results in a reckless driving charge is a serious matter — and the consequences can be much more than just a ticket. If you have two convictions within the last twelve months for driving over 55 miles per hour, your license could potentially be suspended. You may also lose your driving privileges if you have both a speeding conviction and a reckless driving conviction within one year.

What are the Consequences of Reckless Driving?

Reckless driving in North Carolina is considered a Class 2 misdemeanor that can include a jail sentence up to 60 days, a $1,000 fine, and driver’s license suspension. In addition to four points on your driving record, a conviction of reckless driving can also result in your having a permanent criminal record and increased insurance rates. Drivers from out-of-state who are charged with reckless driving can also face the same penalties as those who live in North Carolina.

Unlike when you receive a traffic ticket for speeding or going through a red light — which are waivable offenses — a reckless driving charge requires a court appearance. Even if you plan to plead guilty, you must go to the scheduled hearing. Not only can failure to attend result in additional fines and more stringent penalties, but a judge can also issue an arrest warrant.

A judge may consider a number of factors when determining a sentence for reckless driving. For example, a sentence may be increased if the reckless driving caused an accident, or you were using a cellphone when you were pulled over. A court will also increase the penalties if you were under the influence of drugs or alcohol at the time you were operating your vehicle recklessly.

Defenses to a Reckless Driving Charge in North Carolina

Fighting a reckless driving charge in North Carolina can be difficult. However, there are several defenses a skilled criminal defense attorney may be able to raise, depending on the facts of your case. For instance, if your Constitutional rights were violated by law enforcement, the charges may be dismissed — even in the event you were operating your vehicle recklessly. You might also be able to show that the police officer’s radar gun was faulty or not properly calibrated.

Another viable defense may include necessity, if you had the reasonable belief an emergency existed that posed a danger to yourself or another. If you can prove you weren’t the individual driving or the officer pulled you over in a location that was not within their jurisdiction, you might also be able to get the charges against you dropped.

Contact an Experienced North Carolina Traffic Law Attorney

If you’ve been charged with reckless driving in North Carolina, it’s essential to have the representation of a knowledgeable attorney on your side who can work to get the charges against you reduced or dropped. The experienced Johnston County traffic lawyers at Reece & Reece, Attorneys at Law are dedicated to protecting the rights of those who have been charged with reckless driving and speeding offenses. With a long-standing track record of helping clients throughout Johnston County, we also represent out-of-state drivers who have been charged with traffic offenses within the county. Call (919) 300-1249 or contact us online to schedule a consultation and learn how we can help.