When many people think of reckless driving, they imagine getting a ticket for speeding excessively. However, excessive speed is only one way that you can drive recklessly — and in North Carolina, reckless driving is a criminal offense.
Under ordinary circumstances, the criminal justice system charges reckless driving as a misdemeanor in North Carolina. Because a conviction can lead to both a criminal record and points on your license, it’s important to seek the help of a qualified criminal defense attorney.
If your charge becomes a felony, securing legal representation becomes even more critical. But when is reckless driving a felony? Here’s a closer look.
What Is Considered Reckless Driving in North Carolina?
Reckless driving is more than just driving a little over the speed limit. North Carolina law includes a very specific definition of this offense. If a police officer claims all of the following to be true, you might be charged with reckless driving:
- You’re driving on a highway or other public roadway
- You’re driving carelessly and heedlessly
- You’re displaying willful and wanton disregard for the rights and safety of others
You also may be charged with reckless driving if you’re driving on any public road if a law enforcement officer claims you are driving without appropriate caution in a way that endangers people or property.
The willful and wanton disregard for others (or lack of appropriate caution) is a key part of reckless driving charges. For instance, if you’re driving 11 mph over the speed limit on a highway but otherwise obeying traffic laws, a law enforcement officer likely wouldn’t allege that you’re disregarding others’ rights and safety.
However, if you’re driving 20 mph over the speed limit, zigzagging across the highway, and not using turn signals, that combination of behaviors may be viewed as putting other drivers at risk. In this case, you’re far more likely to be charged with reckless driving.
What Driving Behaviors Lead to Reckless Driving Charges?
North Carolina’s legal definition of reckless driving is broad enough to cover a wide variety of situations. However, it may be helpful to familiarize yourself with some of the most common examples of reckless driving:
1. Excessive Speed
If you ask a handful of North Carolinians what constitutes reckless driving, many of them will likely mention driving 15 mph over the speed limit. You don’t have to be driving this fast over the speed limit to be charged with reckless driving, but this level of excessive speed is enough to lead to a reckless driving charge.
2. Aggressive Driving
If you’ve spent any amount of time on the highway, you’ve likely encountered an aggressive driver or two. A person who is deemed to be driving aggressively may tailgate other cars, make rapid lane changes (often without the use of a turn signal), and cut off other cars.
3. Ignoring Traffic Laws
Traffic laws are in place to ensure an efficient flow of traffic and protect drivers from harm. When a driver disregards these laws, police may take the view that they are endangering themselves and others. These are a few scenarios in which you may be found to be driving recklessly by ignoring traffic laws:
- Not stopping at stop signs or red lights
- Passing in no-passing zones
- Driving on the shoulder
- Deliberately failing to yield the right-of-way
These actions don’t automatically lead to charges of reckless driving. Depending on the circumstances, a driver may be more likely to be charged with reckless driving. For instance, if you pass someone in a no-passing zone when the road ahead is clear, that alone may not constitute driving a vehicle recklessly.
However, if you pass in a no-passing zone that is also on a blind hill, you might face charges. Because drivers on either side cannot see over the hill, passing in this area is considered very likely to cause an accident.
4. Street Racing
Unauthorized speed contests are viewed as extremely high-risk by law enforcement and are treated harshly. In North Carolina, any form of street racing may result in a charge of reckless driving, but there are a number of aggravating factors that may make charges more severe.
For example, on its own, street racing is typically a Class 2 misdemeanor. However, if the charging officer alleges that the street race was a pre-arranged event, the charge will be elevated to a Class 1 misdemeanor.
Misdemeanor vs. Felony Reckless Driving
If you’ve ever looked at reckless driving laws by state, you may already know that North Carolina has some of the toughest laws against major traffic offenses like reckless driving and DWI. The penalties for reckless driving can be serious, but you might wonder: Is reckless driving a felony?
In North Carolina, reckless driving is typically a Class 2 misdemeanor. However, if there are enough aggravating factors present, it may be charged as a felony. Here’s a closer look at felony vs. misdemeanor reckless driving.
Misdemeanor Reckless Driving
There are four classes of misdemeanors in North Carolina: A1, 1, 2, and 3. Class A1 misdemeanors are the most serious, and Class 3 misdemeanors are the least serious. A reckless driving conviction is generally a Class 2 misdemeanor. Although it’s one of the state’s least serious misdemeanors, the penalties are far more severe than those in many states.
A person convicted of reckless driving in North Carolina can face serious penalties:
- Up to 60 days in jail
- A fine of up to $1,000
- 4 points on your driving record
- A license suspension of up to a year under certain circumstances
Judges have a significant amount of latitude when it comes to sentencing guidelines. Usually, first-time offenders receive sentences at the lower end of the spectrum. If you have a second or subsequent conviction, you might receive a harsher punishment.
Many people don’t realize that you can serve jail time for reckless driving. However, a conviction doesn’t automatically mean you’ll be incarcerated. First-time offenders may sometimes be sentenced to community service or probation, or in some cases, just court costs and a fine. In extreme cases, those with repeat reckless driving offenses or aggravated reckless driving charges could face jail time.
When Is Reckless Driving a Felony?
Is reckless driving a felony? Sometimes. Because reckless driving involves allegations of disregard for the safety of other people, some cases involve serious bodily injury or death. Reckless driving with injury penalties are far more significant than those for reckless driving alone.
Wondering what makes reckless driving a felony? Here’s the short answer: If your driving is found to be reckless and (1) leads directly to death or serious injury and (2) also involves driving while impaired (DWI), you may be charged with a felony offense.
However, you won’t receive a felony reckless driving charge. Instead, the combination of reckless driving, death or serious bodily injury, and possibly other aggravating factors leads to a felony charge. These are the two most common:
- Felony death by vehicle (also called vehicular homicide)
- Felony serious injury by vehicle
In North Carolina, you’ll typically be charged with misdemeanor death by vehicle if the state alleges that reckless driving alone (or any traffic violation) caused the other person’s death. However, if you’re facing reckless driving and DUI charges in a case involving the death of another individual, you’ll likely be charged with felony death by vehicle (or felony vehicular homicide).
Felony serious injury by vehicle charges work similarly. For a vehicular homicide charge to be a felony, the state must prove that you were driving while impaired when you caused serious bodily injury to another person. Otherwise, you’ll likely be charged with a misdemeanor.
Felony death by vehicle is a Class D felony. If you’re convicted, you face a maximum of 17 years in prison. Felony serious injury by vehicle is a Class F felony with a maximum sentence of 59 months.
Legal Implications and Long-Term Impact
When considering reckless driving penalties, many people only look at the fines and jail time mentioned above. However, a conviction for reckless driving has more consequences, and they last longer than any jail or prison sentence.
There’s no way to guarantee that you’ll be acquitted of your charges, but an experienced criminal traffic lawyer in North Carolina can increase your chances of success. Even if you’re ultimately convicted, your attorney may be able to convince the judge to give you lighter penalties.
If you’re facing a reckless driving charge, it’s important to understand how a conviction may impact you:
Incarceration
Jail time may not be likely on a misdemeanor reckless driving charge, but it is a possibility, and the odds of facing jail time on a felony are high. Being incarcerated is stressful, but it also has a ripple effect on the rest of your life. You may lose your job or be unable to pay your rent or mortgage.
Most people prefer not to make their reckless driving charges public, but if you’re absent for any length of time, friends and neighbors may figure out what’s going on.
Possible License Suspension
North Carolina is one of many states that use a point system to monitor traffic offenses and determine when authorities should suspend someone’s license. A conviction for reckless driving adds four points to your license, so if you already have several points, you could have your license suspended.
In some instances, the reckless driving offense is enough to suspend your license by itself. This is especially likely if you’ve been charged with aggravated reckless driving or have a prior record.
Having your license suspended isn’t just inconvenient. It also may make it difficult to go about your daily life. You may not be able to drive to work or the grocery store. Depending on your circumstances, your defense lawyer may be able to convince a judge to sign off on a limited driving privilege, but this will depend on specific factors in your case, as well as the discretion of the judge.
Financial Challenges
Being convicted of reckless driving can lead to fines of up to $1,000. If your charges involve drunk driving and death or great bodily injury, you’ll be charged with a felony and face even greater fines.
Reckless driving convictions can also lead to more extensive financial consequences that many people don’t consider. Your insurance rate will increase significantly. And, for instance, if you must take a rideshare to work each day because of a suspended or revoked license, the cost can add up quickly. If you’re convicted of reckless driving and lose your job as a result, you may encounter extreme financial hardship.
Trouble Finding Employment
A reckless driving conviction doesn’t just increase your risk of losing your current job — it may also make it substantially harder to find a new one. Many people make the mistake of thinking that, because reckless driving is traffic-related, charges won’t show up on a background check.
However, North Carolina treats reckless driving as a criminal offense, so it will appear on your criminal record. Employers may believe that the charges reflect poorly on your character due to the willful or wanton disregard for others they represent.
Trouble Securing Housing
In North Carolina, landlords often conduct background checks before renting out properties. In some cases, they may deny a rental application because of the applicant’s criminal record. Reckless driving offenses are less likely to impact your housing than violent offenses are, but they may still put you at a disadvantage.
Increased Insurance Rates
Insurance companies determine your premiums based on the risk you pose. Even a speeding ticket can lead to substantial rate hikes.
Reckless driving and aggressive driving are viewed as more dangerous than speeding, so they typically lead to even greater rate hikes. This is particularly likely if it’s your second or subsequent offense involving reckless disregard for others while driving.
What to Do if You’re Facing Felony Reckless Driving Charges
If you’ve recently been arrested for reckless driving, you might already be wondering how to beat a reckless driving charge. North Carolina’s reckless driving statutes impose severe penalties, and there’s no guaranteed way to avoid a conviction. However, you may reduce your risk of having it appear on a criminal record if you follow these steps:
1. Remain Silent
If a police vehicle pulls up behind you and an officer arrests you for reckless driving or any other offense, you have the right to remain silent. Our team encourages you to exercise that right.
Many people think they can talk their way out of a criminal charge, but the truth is that they’re just digging a deeper hole. Giving the police more information means the prosecution will have more evidence when charging you with reckless driving.
2. Contact Hiltzheimer Law Office
After an arrest, the best thing you can do for yourself is to find a reckless driving defense lawyer in North Carolina. Our team maintains an exclusive focus on criminal defense, and we’ll formulate a customized defense to reduce your chances of incurring a reckless driving conviction.
3. Don’t Talk or Post About the Incident
Talking to law enforcement officers can compromise your case, but so can posting about it on social media. Posting about your arrest will only give the other side more information to prove you were driving your vehicle recklessly.
You should also avoid talking about the incident with others. What you say about the accident might find its way to the prosecution.
4. Understand Your Charges and Your Options
If you’ve been charged with reckless driving for speeding or operating a vehicle carelessly or wantonly, our team can develop a defense strategy. We’ll work to help you avoid jail time, license suspension, and a criminal record. However, that doesn’t mean you can’t be an active participant in your defense.
When you work with us, our team will ensure you understand the misdemeanor or felony charges you’re facing. We’ll help you understand your options and offer guidance to help you navigate your reckless driving case, and we will do everything in our power to achieve the best possible outcome in your case.
Final Thoughts on Felony Reckless Driving
Facing misdemeanor or felony charges for reckless driving can be unnerving. A felony reckless driving attorney in North Carolina can’t undo the stress that comes with criminal charges, but they can develop a case plan and work to ensure your rights are respected.
When it comes to reckless driving and other offenses, too many people forget that, in the eyes of the law, you’re innocent until proven guilty. The Hiltzheimer Law Office team never loses sight of that fact. If you’re facing charges and are looking for a committed advocate, contact us to schedule a consultation today!
