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Charged With Reckless Driving in Raleigh?

Reckless driving in North Carolina is a criminal misdemeanor that can result in jail time, license suspension, and insurance rates that skyrocket for years. Meet with a Raleigh traffic defense lawyer who can negotiate reductions to non-criminal infractions and protect your driving record. Call today to schedule your consultation.

If you’ve been charged with reckless driving in North Carolina, you’re facing much more than a simple traffic ticket. This is a criminal misdemeanor that will follow you long after you’ve paid a fine—affecting your driving privileges, your insurance rates, your employment opportunities, and even your freedom.

At DeMent Askew Johnson & Marshall, our experienced Raleigh reckless driving attorneys understand what’s at stake. We’ve successfully defended hundreds of clients against reckless driving charges throughout Wake County and the surrounding areas. We know how these cases are prosecuted, what defenses work, and how to protect your driving record, your insurance rates, and your future.

Don’t make the mistake of treating a reckless driving charge like a regular traffic ticket. The decisions you make right now will impact your life for years to come.

North Carolina Reckless Driving Laws

Under North Carolina General Statute § 20-140, reckless driving is defined in two distinct ways:

Willful or Wanton Reckless Driving (§ 20-140(a))

“Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.”

This form of reckless driving requires proof that you knowingly and deliberately disregarded the safety of others—essentially showing an intentional level of dangerous driving.

Reckless Driving by Speed or Dangerous Operation (§ 20-140(b))

“Any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.”

This broader definition covers driving that objectively creates danger, even without proof of intentional disregard for safety.

Commercial Vehicle Reckless Driving (§ 20-140(f))

The law also specifically addresses reckless driving involving commercial vehicles carrying loads subject to special permit requirements under G.S. 20-119, which can have additional consequences for commercial drivers.

Penalties for Reckless Driving in North Carolina

Reckless driving is classified as a Class 2 misdemeanor in North Carolina, carrying significant penalties:

Criminal Penalties

  • Up to 60 days in jail for first-time offenders with no prior convictions
  • Fines up to $1,000, determined at the judge’s discretion
  • Probation with conditions that may include community service or driving restrictions

DMV Consequences

  • 4 points on your North Carolina driver’s license
  • Potential license suspension, especially if you have previous violations
  • Disqualification of commercial driver’s license (CDL) if committed while operating a commercial vehicle

Insurance and Financial Impact

  • Insurance premium increases of 80-100% that can last for 3+ years
  • Potential designation as a “high-risk driver” requiring expensive SR-22 insurance
  • Average three-year financial impact of $5,000-$8,000 in increased insurance premiums alone

Long-Term Consequences

  • Permanent criminal record visible in background checks
  • Employment difficulties, especially for positions requiring driving or clean records
  • Professional license issues for certain regulated professions
  • Auto insurance and rental car complications
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Common Scenarios That Lead to Reckless Driving Charges

Based on our extensive experience defending reckless driving cases in Raleigh and throughout North Carolina, we frequently see charges arising from:

Excessive Speed

  • Driving 15+ mph over the posted speed limit
  • Speeds exceeding 80 mph, even on highways with 70 mph limits
  • Aggressive acceleration or “burning rubber”

Dangerous Driving Behaviors

  • Aggressive lane changes or weaving through traffic
  • Racing or competitive driving
  • Passing on curves, hills, or where prohibited
  • Ignoring traffic signals or signs

Distracted or Impaired Driving

  • Texting or phone use that results in dangerous driving
  • Driving while fatigued
  • Operating a vehicle with obvious mechanical defects

Special Circumstances

  • Reckless driving in construction or school zones
  • Reckless driving resulting in an accident
  • Reckless driving while transporting hazardous materials

Many people charged with reckless driving have clean records and never imagined themselves facing criminal charges. One moment of poor judgment, road frustration, or emergency can result in serious legal consequences that follow you for years.

Effective Defense Strategies for Reckless Driving Charges

At DeMent Askew Johnson & Marshall, we develop customized defense strategies based on the specific facts of your case:

Challenging the Evidence

  • Speed measurement errors: Questioning radar/LIDAR calibration, operator training, or environmental factors
  • Observation disputes: Challenging officer observations or witness credibility
  • Visibility and conditions: Establishing how weather, road design, or other factors affected driving decisions

Legal and Procedural Defenses

  • Lack of probable cause: Challenging the legality of the traffic stop
  • Improper procedure: Identifying failures to follow proper citation procedures
  • Jurisdiction issues: Ensuring the charge was filed in the proper court

Necessity and Justification Defenses

  • Emergency situations: Demonstrating that circumstances required urgent driving
  • Mechanical failures: Showing vehicle malfunctions caused the driving behavior
  • Sudden medical issues: Establishing that health emergencies affected driving ability

Negotiation and Reduction Strategies

  • Reduction to improper equipment: A non-moving violation that carries no points
  • Reduction to lesser speeding: Converting to a simple speeding ticket with fewer consequences
  • Deferred prosecution: Arrangements that allow for dismissal after compliance with certain conditions
Wake County Courthouse
Handles civil and criminal matters in Wake County
  • Address: 300 S Salisbury St, Raleigh, NC 27601
  • Hours: M-F 8:30 A.M.-5 P.M.
  • Phone:(919) 792-4000

The DeMent Askew Johnson & Marshall Advantage in Reckless Driving Defense

When you choose our firm to defend against reckless driving charges, you benefit from:

  • 75+ years of combined criminal defense experience
  • Former prosecutors who understand how the state builds cases
  • Deep relationships within the Raleigh and North Carolina court systems
  • Knowledge of DMV regulations and insurance implications
  • Comprehensive approach that addresses both immediate and long-term consequences
  • Track record of successful reckless driving defenses throughout North Carolina

We don’t just defend cases—we defend drivers, careers, driving privileges, and financial futures.

What to Do Right Now If You’re Facing Reckless Driving Charges

If you’ve been charged with reckless driving in Raleigh or anywhere in North Carolina, time is critical. Here’s what you need to do immediately:

  1. Do not pay the ticket as this constitutes a guilty plea to the criminal charge.
  2. Exercise your right to remain silent about the incident with law enforcement.
  3. Gather evidence including photos of the location, weather reports, witness information, and vehicle maintenance records.
  4. Document any special circumstances such as emergencies, mechanical issues, or medical conditions that affected your driving.
  5. Contact our office immediately for a confidential case evaluation.

The sooner we can begin building your defense, the more options we’ll have to fight the charges. Early intervention can sometimes lead to charges being reduced or dismissed before they permanently impact your record.

Don’t Face These Charges Alone — Contact Our Raleigh Reckless Driving Defense Lawyers Today

At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re facing reckless driving charges. Your driving privileges. Your insurance rates. Your criminal record. Your career opportunities.

Our team of experienced criminal defense attorneys is ready to stand between you and the serious consequences of a reckless driving conviction.

The consultation is completely confidential.

Call us now or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle reckless driving charges—let us help you protect your driving record and your future.

Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.

Areas served

Wake County

  • Raleigh
  • Cary
  • Apex
  • Morrisville
  • Garner
  • Holly Springs
  • Fuquay-Varina
  • Wake Forest
  • Rolesville
  • Knightdale
  • Wendell
  • Zebulon

Carteret County

  • Beaufort
  • Morehead City
  • Atlantic Beach
  • Emerald Isle
  • Newport

Durham County

  • Durham

Orange County

  • Chapel Hill
  • Carrboro
  • Hillsborough

Chatham County

  • Pittsboro
  • Siler City

Johnston County (Smithfield courthouse only)

  • Smithfield

FAQs

Is reckless driving a criminal offense in North Carolina?

Yes. Reckless driving is classified as a Class 2 misdemeanor in North Carolina. This means it’s a criminal offense, not just a traffic infraction. If convicted, you will have a permanent criminal record that can appear in background checks conducted by employers, landlords, and others.

What's the difference between speeding and reckless driving?

Speeding is typically a traffic infraction handled administratively, while reckless driving is a criminal misdemeanor. Generally, excessive speed alone (typically 15+ mph over the limit or exceeding 80 mph) can result in reckless driving charges, but reckless driving also encompasses dangerous driving behaviors beyond just speed—such as aggressive lane changes, racing, or driving that creates a danger to others.

Will I lose my license if convicted of reckless driving?

Not automatically after a single conviction, but it’s possible. The North Carolina DMV has discretion to suspend your license for reckless driving, especially if you have other recent violations. Your license can be suspended if you accumulate 12 points within a three-year period (reckless driving adds 4 points). Commercial drivers face stricter standards and may face CDL disqualification even for a first offense.

How will reckless driving affect my insurance?

Significantly. North Carolina insurance companies typically increase premiums by 80-100% for reckless driving convictions, and these increases last for at least three years. For someone paying $1,500 annually for insurance, this can mean an additional $3,600 to $4,500 over three years. Some insurance companies may even drop your coverage entirely, forcing you to seek high-risk insurance at premium rates.

Can a reckless driving charge be reduced or dismissed?

Yes, with proper legal representation. Depending on the circumstances, reckless driving charges can often be reduced to lesser offenses like improper equipment (a non-moving violation) or simple speeding. In some cases, charges can be dismissed entirely, especially for first-time offenders or when there are issues with the evidence. Our attorneys have extensive experience negotiating favorable outcomes in reckless driving cases.

Should I just pay the ticket and be done with it?

No. Paying a reckless driving ticket is equivalent to pleading guilty to a criminal misdemeanor. This results in an automatic conviction with all the associated consequences: criminal record, license points, and insurance increases. Always consult with an attorney before making any decisions about a reckless driving charge.

Does reckless driving show up on a background check?

Yes. As a criminal misdemeanor, a reckless driving conviction will appear on criminal background checks. This can affect employment opportunities, especially for jobs involving driving, positions requiring security clearances, or roles with financial responsibilities. Many employers view reckless driving as an indication of poor judgment or risk-taking behavior.

Can I get a reckless driving conviction expunged from my record?

Potentially, but not easily. North Carolina’s expungement laws are restrictive. You may be eligible if you have no other convictions (other than traffic infractions), but you generally must wait at least 5-7 years after completing your sentence, including probation. The process is complex and requires filing a petition with the court. Our attorneys can advise you on expungement possibilities based on your specific situation.

How is reckless driving different for commercial drivers?

Commercial drivers face more severe consequences for reckless driving. Beyond the standard penalties, a reckless driving conviction can result in CDL disqualification and potentially end a professional driving career. Federal regulations create additional penalties when reckless driving occurs in a commercial vehicle, especially when carrying hazardous materials or oversized loads. Commercial drivers should always seek specialized legal representation for traffic charges.

Can I be charged with both DWI and reckless driving?

Yes. In North Carolina, you can be charged with both offenses arising from the same incident. While they may be related charges, they are separate offenses with distinct elements. Even if a DWI charge is dismissed or reduced, the reckless driving charge can still proceed. Our attorneys have extensive experience handling cases involving both charges and developing comprehensive defense strategies that address both.

Cases We Handle

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
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