What to Do When Charged with Reckless Driving?


Reckless and Aggressive Driving (N.C.G.S. §§ 20-141.6 & 20-140):

Under North Carolina law, a conviction for aggressive driving is 5 driver license points. Under N.C. Gen. Stat. § 20-141.6, aggressive driving is any person who operates a motor vehicle on a street, highway, or public vehicular area where (1) the person is in violation of speed restrictions that include speed limits inside and outside corporate areas and school zones, and (2) commit two or more of the following:

  • Running through a red light or stop sign;
  • Illegal passing violation;
  • Failing to yield to right of way; and/or
  • Following too closely.

A person convicted of this statute is guilty of a Class 1 misdemeanor in North Carolina.

Meanwhile, a conviction for reckless driving (which is a lesser included offense of aggressive driving) is 4 driver license points. Commonly, reckless driving is the most charged of the motor vehicle offenses. There are three types of reckless driving defined under N.C. Gen. Stat. § 20-140. Any person who drives any vehicle upon a highway or any public vehicular area:

  1. Carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving; or
  2. 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; or
  3. The third way applies to commercial motor vehicles only.

A person convicted of this statute is guilty of a Class 2 misdemeanor in North Carolina.

Drunk Driving and Speeding to Elude Cases:

Under N.C.G.S § 20-28.3, a motor vehicle that was driven by a person who is charged with a DWI is subject to seizure if (1) the driver’s license at that time was revoked because of a prior DWI offense; (2) driving without a valid driver’s license; or (3) driver was not driving with auto liability insurance.

Additionally, if the driver is charged with the offense of felony speeding to elude arrest, the motor vehicle driven is subjected to seizure by the law enforcement agency.

If this happens, it is important to hire Jetton & Meredith to petition to allow for pretrial release of the vehicle.

DMV Points:

Generally, if a person accumulates as many as 12 points within a three-year period, that person’s license may be suspended. If a person has been suspended prior, it only takes an accumulation of 8 points within three years for a second suspension. The amount of time a person’s license is suspended is determined by how many previous suspensions has occurred. Upon first suspension, your driver’s license can be suspended for 60 days. For second and third suspensions, your driver’s license can be suspended up to 12 months.

Insurance Points:

Also, it is important to note that insurance points are different than driver license points. Insurance companies use a different point system to determine insurance rates. Typically, the higher your insurance points are, the higher your insurance fees will be per month.