Part One of a two-part post, this is Alabama through Mississippi. Please see part two for the continuation.
Reckless Driving & Aggravated Reckless Driving Inside & Outside Alabama
The Governor’s Highway Safety Administration says, “Unlike many states, Alabama does not issue a large number of citations to drivers involved in crashes. We do not feel that too much can be concluded from these citation numbers.”
Driver License Point System, Alabama:
|Speeding (1 to 25mph over speed limit)||2|
|Speeding (26 or more mph over speed limit)||5|
|Reckless driving or reckless endangerment involving operating a motor vehicle||6|
|Failure to yeild right of way||5|
|Passing stopped school bus||5|
|Wrong side of the road/Illegal passing||4|
|Following to closely||3|
|Disregarding traffic control device (stop sign, traffic light, etc.)||3|
|All other moving violations||2|
|Inability to control vehicle||2|
|Drinking alcohol while operating a vehicle||2|
|Admin per se||6|
|Improper operation of motorcycle||2|
|Fail to obey construction/maintenance zone markers/flagman/police officer/restricted lane||3|
|Fail to signal/use incorrect turn signal||2|
|Making improper turn||2|
|Any conviction which resulted from a charge that involved the drinking of alcoholic beverages and the driving of a motor vehicle but did not require mandatory revocation of the driver license||6|
The following schedule is used to determine the length of a suspension period
- 12-14 points in a 2-year period 60 days
- 15-17 points in a 2-year period 90 days
- 18-20 points in a 2-year period 120 days
- 21-23 points in a 2-year period 180 days
- 24 and above points in a 2-year period 365 days Source: DMV.org
Alabama does not have an aggravated reckless driving charge; Alabama apparently does not routinely issue traffic citations of any sort when a driver recklessly endangers the life or property of another or causes an accident with or without injuries. Could this be why Auto Insurance News, Nov. 18th, 2011, published a report saying Alabama ranks in the top 10 for states with the worst driving records, coming in at 41 out of 50 states for disobeying traffic laws, and 46th out of 50 for the most traffic tickets written?
DUI (blood alcohol concentration (BAC) of 0.08% or higher, 0.04% if commercial vehicle): 8 points
Extreme DUI (BAC of 0.15% or higher): 8 points
Reckless driving: 8 points
Aggressive driving: 8 points
Leaving the scene of an accident: 6 points
Running a traffic signal or stop sign or failing to yield, thus causing death: 6 points
Running a traffic signal or stop sign or failing to yield, thus causing serious injury: 4 points
Speeding: 3 points
Driving over an area where one or more of the lanes diverge to go in a different direction (gore area): 3 points
All other driving violations: 2 points
Reckless driving – class B Misdemeanor ”27-50-302(2) & 27-50-308. First offense, non-injury: 5 to 90 days; 2nd or subsequent offense within 3 years: 30 days to 6 months.
Injury Related Offense, first offense, 30-90 days; 2nd or subsequent offense within 3 years 60 days 60 days to 1 year. Mandatory Minimum Term of Imprisonment: none. Fines. Non-injury, first offense, $25 – $500. 2nd or subsequent offense within 3 years $500 – $1,000. Injury related offense, first offense $100 – $1,000. Mandatory minimum fine: 2nd or subsequent offense within 3 years $500-$1,000.
Three convictions within 12 months is grounds for revocation of license.
Reckless Driving: 23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) A person who drives a vehicle in an off street parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.
Amended Sec. 19, Ch. 739, Stats. 2001. Effective January 1, 2002.
Amended Sec. 16, Ch. 682, Stats. 2007. Effective January 1, 2008.
Amended Sec. 2, Ch.685, Stats. 2010. Effective January 1, 2011.
Fatal And Serious Injury Accidents
This section clarifies issues and policy regarding actions against the driving privilege which are based on fatal and serious injury accidents. This includes degree of negligence and range of sanctions available. The department may take a negligent operator action when the driver is involved in a fatal or injury accident, even though the driver may not have accumulated negligent operator points as described above.
Vehicle Code Section 13800 (a) authorizes the department to investigate fatal and injury accidents to determine if the driving privilege should be revoked, suspended, restricted or placed on probation.
Vehicle Code Section 13802 requires the department to give due consideration to the amount of use and mileage traveled in the operation of a motor vehicle, in applying the provisions of Section 13800.
Action may be warranted when the driver has been less than grossly negligent, including cases involving misjudgment and inattention. Drivers are negligent if they fail to use the degree of care expected to avoid accidents. Drivers should avoid accidents by driving defensively, considering traffic, road and weather conditions, familiarity with the road, the type and conditions of their vehicles, level of driving skill and by maintaining control of their vehicles.
Factors Relating To Future Safety Risk
- Accidents and convictions on the driving record
- Attitude of the driver
- Likelihood of recurrence
- Probable deterrent effect of a sanction
- Amount of use and mileage traveled in the operation of a vehicle
The hearing officer must evaluate whether revocation, suspension, restriction, probation or no action is appropriate, based on the degree of negligence and related factors indicating future traffic safety risk.
Revocation is warranted when there are severe, flagrant, aggravated and reckless driving acts in which the driver disregarded foreseeable consequences. A high degree of negligence establishes an increased traffic safety risk and will generally warrant revocation, even after mitigating factors are considered.
Some examples of driving acts which may warrant revocation include:
- High speeds on crowded roads during peak traffic hours
- Attempting to evade law enforcement
- Driving under the influence combined with reckless driving acts leading to the accident
- Flagrant disregard involving foreseeable risk of traffic laws, signals or signs, weather or road conditions, known mechanical defects, or pedestrians
- Driving recklessly in a vehicle for which they are not licensed or trained to drive
Suspension will be considered, with or without probation, when the driver failed to exercise a reasonable amount of care to avoid an accident. Some examples which may warrant a suspension include:
- Committed a traffic violation which caused or contributed to the accident
- Attempted to pass on a winding road instead of slowing or waiting for safe area (this could warrant revocation depending on degree of disregard for traffic safety)
- Attempted to accelerate through yellow light and hit pedestrian in the crosswalk (this would warrant revocation if the driver saw the pedestrian before accelerating)
- Misjudged speed of oncoming vehicle while making a left turn and has left turn violations on the driving record
You may be charged with careless driving if you drive in a careless manner “without due regard” while on the roadways. Typically careless driving is a Class 2 misdemeanor offense and is punishable by up to one year in jail as well as fines ranging from $250 to $1,000.
If, however, while driving carelessly, an accident occurs that results in bodily injury to another (including death), the charge is elevated to a Class 1 misdemeanor. If this is the case, you could face up to 18 months in jail and fines of $500 to $5,000.
Driving under the influence: 12 points
Driving while impaired 8 points
Leaving an accident scene 12 points
Speed contests: 12 points
Evading an officer 12 points
Reckless driving: 8 points
Careless driving: 4 points
Failure to yield right of way: 4 points
Speeding 5-9 mph over limit: 1 point
Speeding 10-19 mph over limit: 4 points
Speeding 20-39 mph over limit: 6 points
Speeding 40+ mph over limit: 12 points
Failure to show proof of insurance: 4 points
Improper passing: 4 points
Reckless driving is a Misdemeanor. Penalties: Incarceration up to 30 days with fines not to exceed $300, 1 to 4 points, license suspension of 30-90 days. For 2nd or subsequent offense: Misdemeanor. Penalties: up to 1 year with fines not to exceed $600, 1 to 4 points, suspension of license 30-90 days. Reckless driving convictions result in an automatic license suspension of at least 30 days in Connecticut, but not more than 90 days.
Defining reckless driving: Per the General Statutes of Connecticut, Chapter 248 Section 14-222, reckless driving is defined as driving a motor vehicle in a manner that exhibits recklessness concerning the well-being of other drivers, passengers or pedestrians in light of conditions of the roadway. Specifically, the statute notes speeds in excess of 85 mph anywhere as reckless driving.
4175. Reckless driving.
(a) No person shall drive any vehicle in willful or wanton disregard for the safety of persons or property, and this offense shall be known as reckless driving.
(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $100 nor more than $300, or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000, or be imprisoned not less than 30 nor more than 60 days, or both. No person who violates subsection (a) of this section shall receive a suspended sentence. However, for the first offense, the period of imprisonment may be suspended. Whoever is convicted of violating subsection (a) of this section and who has had the charge reduced from the violation of § 4177(a) of this title shall, in addition to the above, be ordered to complete a course of instruction or program of rehabilitation established under § 4177D of this title and to pay all fees in connection therewith. In such cases, the court disposing of the case shall note in the court’s record that the offense was alcohol-related or drug-related and such notation shall be carried on the violator’s motor vehicle record.
§ 4175A. Aggressive driving.
(a) No person shall drive any vehicle in an aggressive manner, as defined by this section, and such offense shall be known as aggressive driving.
(b) For purposes of this section, “aggressive manner” shall mean that an individual engages in continuous conduct which violates 3 or more of the following sections:
(1) Section 4107 of this title, relating to obedience to traffic-control devices;
(2) Section 4108 of this title, relating to traffic control signals;
(3) Section 4117 of this title, relating to overtaking on the right;
(4) Section 4122 of this title, relating to driving within a traffic lane;
(5) Section 4123 of this title, relating to following too closely;
(6) Section 4132 of this title, relating to yielding to the right-of-way;
(7) Section 4133 of this title, relating to vehicles entering the roadway;
(8) Section 4155 of this title, relating to use of turn signals;
(9) Section 4164 of this title, relating to stop signs and yield signs;
(10) Section 4166(d) of this title, relating to overtaking and passing school buses;
(11) Section 4168 of this title, relating to speed restrictions; and
(12) Section 4169, relating to specific speed limits.
(c) Whoever violates this section shall for the first offense be fined not less than $100 nor more than $300 or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000 or be imprisoned not less than 30 nor more than 60 days, or both, and the person shall have their driving privileges suspended for a period of 30 days.
(d) In addition to the penalties imposed pursuant to subsection (c) of this section, whoever violates this section shall be ordered to complete a course of instruction established by the Secretary to address behavior modification or attitudinal driving. The Secretary shall administer such courses and programs and adopt rules and regulations therefor, and shall establish a schedule of fees for enrollment in such courses and programs that shall not exceed the maximum fine imposed pursuant to subsection (c) of this section.
(e) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be prosecuted and convicted of both the offense of aggressive driving and 1 or more underlying offenses as defined elsewhere by the laws of the State.
§ 4176. Careless or inattentive driving [Subject to potential amendment by §§ 8 to 10 of HB 134 of the 146th General Assembly; check status of that legislation]
(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing, shall be guilty of careless driving.
(b) Whoever operates a vehicle and who fails to give full time and attention to the operation of the vehicle, or whoever fails to maintain a proper lookout while operating the vehicle, shall be guilty of inattentive driving.
(c) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $50 nor more than $230, or imprisoned not less than 10 nor more than 30 days, or both.
(d)(1) In addition to any other penalty imposed for an offense committed under this section, if the finder of fact determines that the commission of that offense contributed to the serious physical injury of a vulnerable user lawfully in the public right-of-way, the court shall:
a. Impose a sentence that requires the person convicted of the offense to:
1. Complete a traffic safety course approved by the Delaware Division of Motor Vehicles;
2. Perform up to 100 hours of community service, which must include activities related to driver improvement and providing public education on traffic safety;
b. Impose, but suspend on the condition that the person complete the requirements of paragraph (d)(1)a. of this section,
1. A fine of not more than $550, and
2. A suspension of driving privileges as provided in § 2733(a)(2) of this title; and
3. Set a hearing date up to 1 year from the date of sentencing. At that hearing, the court shall:
A. If the person has successfully completed the requirements described in paragraph (d)(1)a. of this section, dismiss the penalties imposed under paragraphs (d)(1)b.1. and 2. of this section.
B. If the person has not successfully completed the requirements described in paragraph (d)(1)a. of this section, either: I. Grant the person an extension based on good cause shown, or II. Impose the penalties under paragraphs (d)(1)b.1. and 2. of this section.
(2) The police officer issuing the citation for an offense under this section shall note on the citation if the cited offense contributed to the serious physical injury of a vulnerable user of the public right-of-way. If so noted, the person receiving the citation shall not be permitted to use the voluntary assessment process otherwise permitted under § 709 of this title.
(3) As used herein, “vulnerable user of a public right-of-way” means:
a. A pedestrian, including those persons actually engaged in work upon a highway, or in work upon utility facilities along a highway, or engaged in the provision of emergency services within the right-of-way; or
b. A person riding an animal; or
c. A person operating any of the following on a public right-of-way, crosswalk, or shoulder of the highway:
1. A farm tractor or similar vehicle designed primarily for farm use;
2. A skateboard;
3. Roller skates;
4. In-line skates;
5. A scooter;
6. A moped;
7. A bicycle; or
8. A motorcycle.
§ 4176A. Operation of a vehicle causing death; unclassified misdemeanor.
(a) A person is guilty of operation of a vehicle causing death when, in the course of driving or operating a motor vehicle or OHV in violation of any provision of this chapter other than § 4177 of this title, the person’s driving or operation of the vehicle or OHV causes the death of another person.
(b) Operation of a vehicle causing death is an unclassified misdemeanor.
(c) Notwithstanding any provision of law to the contrary, a person convicted of operation of a vehicle causing death shall for the 1st offense be fined not more than $1,150 and imprisoned not more than 30 months. For each subsequent conviction under this section the person shall be fined not more than $2,300 and imprisoned not more than 60 months.
(d) The Superior Court has original and exclusive jurisdiction over a violation of this section by a person 18 years of age or older. Notwithstanding any provision of law to the contrary, an offense which is within the original and/or exclusive jurisdiction of another court and which may be joined properly with a violation of this section is deemed to be within the original and exclusive jurisdiction of the Superior Court. 74 Del. Laws, c. 99, § 1.;
Florida law, 316.192(1)(a) defines the crime as a wanton or willful disregard for the safety of property or persons. Furthermore, Florida law, Section 316.192(1)(b) provides that reckless driving “per se” occurs when the person flees a law enforcement officer in a motor vehicle.
Subsection 2 of Florida Statute Section 316.192 provides for the punishment for reckless driving. For a first conviction of reckless driving, the court may impose jail time of up to 90 days.
- First Offense: the minimum fine for a first offense of reckless driving is $25 and the maximum fine is $500.
- Second or Subsequent Offense: the minimum fine for a second offense of reckless driving is $50 and the maximum fine is $1,000.00.
Felony Reckless Driving Offenses
Enhanced penalties are provided in subsection (3)(c).
- Property damage or non-serious personal injury – Under Section 316.192(3)(c)1, if the reckless driving causes non-serious personal injury or property damage, then the person commits a first degree misdemeanor which is punishable by up to one year in jail and a one thousand dollar fine.
- Serious bodily Injury – Under Section 316.192(3)(c)(2), if the reckless driving causes serious bodily injury to another person, then the offense is a third degree felony punishable by up to five years in Florida State Prison and a five thousand dollar fine. Serious bodily injury is defined as any person injury to another person, including a physical condition which causes a substantial risk of death, impairment of function in any organ or bodily member, personal disfigurement or scarring.
* A person commits reckless driving if he or she: Disregards the safety of persons or property; or Knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.
* Every person convicted of reckless driving shall be guilty of a Class A misdemeanor, except as provided under subsections (b-1), (c), and (d) of this Section.
(b-1) Except as provided in subsection (d), any person convicted of violating subsection (a), if the violation causes bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of a Class 4 felony.
(c) Every person convicted of committing a violation of subsection (a) shall be guilty of aggravated reckless driving if the violation results in great bodily harm or permanent disability or disfigurement to another. Except as provided in subsection (d) of this Section, aggravated reckless driving is a Class 4 felony.
(d) Any person convicted of violating subsection (a), if the violation causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of aggravated reckless driving. Aggravated reckless driving under this subsection (d) is a class 3 felony. Source: Compiled Illinois Statutes.
Reckless driving is defined by Georgia law as driving in reckless disregard of property or other people. Unlike in some states, Georgia does not specify how fast or what circumstances demonstrate “reckless regard”. This would be up to the discretion of the officer at the time of your arrest/citation and up to the judge at trial.
Penalties: If convicted of reckless driving, a misdemeanor, you are facing a fine of up to $1,000 and jail time up to one year.
Aggressive driving: Aggressive driving is defined as driving with the intent to annoy, harass, intimidate, molest, injure, or obstruct another person. This would be the equivalent of road rage laws in other states.
Penalties: Aggressive driving is considered a misdemeanor of high and aggravated nature and if convicted, you would be facing fines up to $5,000 and jail time of up to one year.
Reckless driving, Misdemeanor. Incarceration up to 6 months with fines not to exceed $1,000. Penalties: License suspension for 30 days. 2nd or subsequent offense in 5 years, Misdemeanor. Incarceration up to 1 year with fines not to exceed $2,000. If 2nd offense within 2 years, license suspension of 90 days.
The Idaho Division of Motor Vehicles can commence proceedings to suspend the license of driver without criminal conviction, and requires only reasonable belief that a reckless driving offense occurred. The arrest itself is indicative of a reasonable belief, and in turn, license suspension proceedings usually commence upon arrest in Idaho.
Reckless driving; passing a school bus with extended stop arm; penalty; license suspension
Sec. 52. (a) A person who operates a vehicle and who recklessly:
(1) drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to:
(A) endanger the safety or the property of others; or
(B) block the proper flow of traffic;
(2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed for a distance of less than five hundred (500) feet ahead;
(3) drives in and out of a line of traffic, except as otherwise permitted; or
(4) speeds up or refuses to give one-half (1/2) of the roadway to a driver overtaking and desiring to pass;
commits a Class B misdemeanor.
(b) A person who operates a vehicle and who recklessly passes a school bus stopped on a roadway when the arm signal device specified in IC 9-21-12-13 is in the device’s extended position commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if it causes bodily injury to a person.
(c) If an offense under subsection (a) or (b) results in damage to the property of another person or bodily injury to another person, the court shall recommend the suspension of the current driving license of the person for a fixed period of:
(1) not less than thirty (30) days; and
(2) not more than one (1) year.
As added by P.L.2-1991, SEC.9. Amended by P.L.127-1993, SEC.1; P.L.1-2005, SEC.103; P.L.70-2009, SEC.3.
Sec. 55. (a) This section does not apply to a law enforcement official engaged in the law enforcement official’s official duties.
(b) For purposes of this section, a person engages in aggressive driving if, during one (1) episode of continuous driving of a vehicle, the person does or commits at least three (3) of the following:
(1) Following a vehicle too closely in violation of IC 9-21-8-14.
(2) Unsafe operation of a vehicle in violation of IC 9-21-8-24.
(3) Overtaking another vehicle on the right by driving off the roadway in violation of IC 9-21-8-6.
(4) Unsafe stopping or slowing a vehicle in violation of IC 9-21-8-26.
(5) Unnecessary sounding of the horn in violation of IC 9-19-5-2.
(6) Failure to yield in violation of IC 9-21-8-29 through IC 9-21-8-34.
(7) Failure to obey a traffic control device in violation of IC 9-21-8-41.
(8) Driving at an unsafe speed in violation of IC 9-21-5.
(9) Repeatedly flashing the vehicle’s headlights.
(c) A person who, with the intent to harass or intimidate a person in another vehicle, knowingly or intentionally engages in aggressive driving commits aggressive driving, a Class A misdemeanor, except as provided in IC 9-21-8-56(d), (f), (g), and (h).
As added by P.L.75-2006, SEC.2. Amended by P.L.40-2007, SEC.5.
Reckless Driving, simple Misdemeanor. Incarceration up to 30 days with fines of at least $50., but not more than $500. Possible license suspension, at the discretion of the courts.
Statute 8-1566: Reckless driving, penalties. (a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Except as provided in K.S.A. 8-2,142, violation of this section is a misdemeanor. Upon a first conviction of a violation of this section, a person shall be sentenced to not less than five days nor more than 90 days imprisonment or fined not less than $25 nor more than $500, or both such fine and imprisonment. On a second or subsequent conviction of a violation of this section, a person shall be sentenced to not less than 10 days nor more than six months imprisonment, or fined not less than $50 nor more than $500 or both such fine and imprisonment.
History: L. 1974, ch. 33, § 8-1566; L. 1984, ch. 39, § 8; L. 1989, ch. 38, § 41; Jan. 1, 1991.
189.290 Operator of vehicle to drive carefully.
(1) The operator of any vehicle upon a highway shall operate the vehicle in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles upon the highway.
(2) No person shall willfully operate any vehicle on any highway in such a manner as to injure the highway. Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739g-33, 2739g-35.
Reckless driving: Misdemeanor. Incarceration up to 90 days with fines up to $200. License suspension unlikely, unless it’s a third charge in a one-year period. There is no points system in Louisiana, but for out of state drivers the applicable points that would accrue in your home state are forwarded to your state of residence.
Driving to Endanger. 1. Definition. A person commits a Class E crime if, with criminal negligence as defined in Title 17-A, that person drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
1-A. Aggravated punishment category. Notwithstanding subsection 1, a person commits a Class C crime if, with criminal negligence as defined in Title 17-A, section 35, that person drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven, and causes serious bodily injury, as defined in Title 17-A, section 2, subsection 23, to another person.
[ 2005, c. 441, §1 (NEW) .]
2. Allegation of facts. In pleading under this section, it is not necessary to allege specifically the facts that constitute criminal negligence.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
3. Penalties. In addition to any other penalty, the court shall suspend the driver’s license of a person convicted under subsection 1 for not less than 30 days nor more than 180 days, which minimum may not be suspended. In addition to any other penalty, the court shall suspend the driver’s license of a person convicted under subsection 1-A for not less than 180 days nor more than 2 years, which minimum may not be suspended. If the court fails to suspend the license, the Secretary of State shall impose the minimum period of suspension. The court shall impose a sentencing alternative that involves a fine of not less than $575, which may not be suspended.
Reckless Driving: $500. fine and 6 points. Misdemeanor. Imprisonment: None.
A conviction for reckless driving, negligent operation, or operating so as to endanger will result in a 60 day license suspension for a first offense and a 1 year revocation of your license or right to operate in Massachusetts for a subsequent conviction within 3 years. Junior Operators who are convicted of negligent operation or a related offense will lose their licenses for 180 days for a first conviction. In addition to these penalties, police officers may file immediate threat complaints, which will result in the immediate suspension of the driver’s license. In certain Mass. DUI cases, the drivers are charged with operating to endanger, reckless driving, or negligent operation in addition to drunk driving. These offenses count as “major violations” for the purpose of classifying habitual traffic offenders.
Person who operates a vehicle on a highway or frozen public lake, stream, or pond or any other place open to the general public, such as parking lots and causes serious impairment of a body function to another person as a result of reckless driving is punishable by up to 5 years in jail and a fine of $1000-$5000. If the incident results in death of another person, person is punishable of up to 15 years in jail and/or a fine of $2,500-$10,000.
If your driving indicates a willful or wanton disregard for the safety or people or property you may be charged with reckless driving. Racing also constitutes reckless driving whether or not the race exceeded the speed limit.
Reckless driving is also a misdemeanor punishable by up to 90 days in jail and fines reaching $1,000.
If the police and prosecutor believe you operated your vehicle in a careless what that disregarded the rights of others, or in a way likely to endanger any property or person you could be charged with careless driving.
This is a misdemeanor offense and is punishable by 90 days in jail and fines reaching $1,000.
SEC. 63-3-1201. Reckless driving.
Any person who drives any vehicle in such a manner as to indicate either a wilful or a wanton disregard for the safety of persons or property is guilty of reckless driving. Reckless driving shall be considered a greater offense than careless driving.
Every person convicted of reckless driving shall be punished upon a first conviction by a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), and on a second or subsequent conviction he may be punished by imprisonment for not more than ten (10) days or by a fine of not exceeding Five Hundred Dollars ($500.00), or by both.
SOURCES: Codes, 1942, Sec. 8175; Laws, 1938, ch. 200; 1993, ch. 317, Sec. 2, eff from and after July 1, 1993 (became law without Governor’s signature on March 16, 1993)