There is a great deal of ambiguity in Merriam-Webster’s definition of the word reckless: marked by lack of property caution: careless of consequences. What I would consider a lack of caution, others might view as appropriate for the circumstances, as demonstrated in a previous blog post. In most scenarios, it’s a talking point, but when you’re driving, it matters. Who is the arbiter? Likely that will be a government employee of whatever state you’re driving through. But the laws are all the same, right? Hardly. Take a look below to see the differences in definitions and penalties of just three states – details provided by FindLaw. Note that I have edited for the sake of space, but have not changed the meaning. Not intentionally, anyway.
North Carolina
Florida
Tennessee
Definition (summarized) -driving on public roadways in “willful or wanton disregard” of the safety/rights of others AND any person driving on a public roadway w/o due caution and at a speed or in a way that endangers people or property.
Penalty (summarized) – 1st offense: max 30 days jail time & max fine of $1,000. If not your first rodeo, max 60 days in jail, plus a max $1,000 fine.
Definition (summarized) -driving on public roadways in “willful or wanton disregard” of the safety/rights of others, but also includes this: Fleeing a law enforcement officer in a motor vehicle is reckless driving per se
Penalty (summarized) – 1st offense: max 90 days jail time & max fine of $500. If not your 1st rodeo, max 6 months in jail, plus a max $1,000 fine. If serious bodily injury results, jail time up to 1 year.
Definition (summarized) -driving on public roadways in “willful or wanton disregard” of the safety/rights of others.
Penalty (summarized) – a fine (ranging from $50 – $500) & up to six months’ jail time.
Who makes the initial call?
Good question.
The officer who makes the traffic stop is making a judgment based on his/her observations. Once the driver goes to court, the judge is the one who weighs the evidence and determines whether the infraction rises to the level of reckless. Depending on whether the driver’s record is clean, charges might be reduced. There are likely additional factors, but I am not well-versed in this type of activity as I haven’t had first-hand experience in traffic court.
Be aware that the kinds of violations that might be considered reckless are wide-ranging, as least for some states. As an example, the Wilson Law Firm site gives us food for thought with just a few possibilities from Virginia’s list.
- Driving in excess of 19 miles above the speed limit or over 85 MPH
- Driving too fast for conditions
- Failing to signal
- Passing a stopped school bus
Note that there are many more. I don’t know how well other states might align, but the more you know, the better. The items above are quite specific, but if you look at the actual statutes, you will see there is discretion on the part of the law enforcement representative.
As in so many cases, reckless comes in degrees.
Because I’m well aware of my limitations, I contacted a retired state trooper for input. While he was active, he judged reckless driving based on whether he observed “willful and wanton disregard for the safety of others”. Here are some factors he considered:
- How heavy was traffic at the time?
- What were the road conditions?
- What was the time of day?
- Was there non-conforming behavior such as the person driving in and out of traffic, changing lanes abruptly, and/or running off the roadway?
Conspicuously omitted was driving while talking on a cell phone. My truck has a couple of instructional bumper stickers. One is, “Would you drive better if that phone was up your ass?” A larger one in the back window says “So Sorry for driving so close in front of you!” Probably my biggest pet peeve. Not in my new truck but if in my 1996 I often give offenders a breaking lesson. Finally, I have probably put a million miles on motorcycles. A fender bender for a car is more likely a sad family reunion for a motorcycle. Cycles can accelerate more that twice as fast as a car so can not be there one minute and suddenly be there in the lane you plan to change to. If you look hard for a cycle, you will never get run over by a truck. btw, if you get a ticket for driving over 100 it is considered reckless driving, at least in Tennessee and in Texas.
Not saying the cell phone usage might not be a factor – it definitely should be. I just picked a few states to see what was listed. Also, it could well be top of the list for every trooper/deputy/policeman. As to the 100 MPH – it sounds like you know about TN and TX from personal experience. 😉
It takes courage for us seniors to go on road trips these days.
I travel a fair amount, and I am rarely fearful. Often annoyed, though. 😉
A good friend of mine, doing 20 mph over the limit on an empty road in Ohio, received a downgraded penalty of driving with an obscured license plate instead of the speeding ticket because the highway patrol officer was a kind man. It helped that my friend was a veteran with a clean driving record. Oh, and the “obscured license plate”? The county sticker on the bottom of the plate was partially blocked by the license plate holder (which I now observe very frequently with the many other cars on the road). So, here’s a question: Does one leave an obscuring license plate holder on their car so a traffic officer has an option available to them as a lesser citation to a more costly citation, or does one remove the obscuring device and strive for driving perfection at all times? The moral answer is clear, but the human answer may not be so clear.
Whether to ticket or not is totally at the discretion of the officer regardless of the violation. I have a number of speeding tickets and each time I go to the defensive driving classes so it does not raise my insurance. The classes are always full of men because the women get warnings.
I think the moral answer solves other ills. Removing the frame is not only compliant, but also completely eliminates one negative factor that might influence an officer’s perspective. So there’s that.