Reckless Driving

Reckless driving is a crime that the officer interprets. Reckless driving is a criminal offense where the officer has complete discretion to determine the driver’s intent. An officer must determine whether the driver’s conduct is “willful or willful disregard” for safety of persons or property. It is possible for different officers and interpret this standard in very different ways. Yes.

You may be issued a speeding ticket if you exceed 90 mph and Officer A pulls you over.

Officer B may pull you over if you’re driving at 90 mph and you’re not paying attention, or you could be sent to jail for reckless driving while your car is being impounded.

Two completely different interpretations of the same facts. The person is charged with an infraction, a speeding ticket. The person in scenario 2 is facing a criminal charge.

Here’s the full definition of reckless driving:

RCW 46.61.500

Reckless driving–Penalty.

(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to three hundred sixty-four days and by a fine of not more than five thousand dollars.

A person convicted for reckless driving will be subject to a minimum of thirty days suspension by the Department Of Licensing. An occupational license or ignition interlock license are not available to a DUI.

Reckless driving is not something you can ignore. Reckless Driving is a gross misdemeanor that is the same crime level as DUI. It can impact your license status, insurance rates and ability to cross into certain countries.

There are many options to resolve a reckless driving case

Because they are gross misdemeanors, Reckless Driving cases can only be handled by District and Municipal Courts. Because they are handled by these lower Courts, Reckless Driving cases can be resolved without the need to go to trial or plead guilty.

Pre-Trial Diversion Agreements are common in most jurisdictions. This is essentially a contract between the Defendant (or the Prosecuting Authority). This type of Diversion Agreement does not result in a sentence for a defendant. The Court approves the contract between the parties (the Prosecutor and the Defendant). The Reckless Driving case will be dismissed if the defendant follows the terms of the contract. The case is usually dismissed after a lengthy continuance. If all terms have been met, there will never be a conviction.

Do You Need to Go To Trial?

A defendant can always go to trial if they do not wish to resolve the matter by a Diversion. A defendant can ask the Prosecutor at trial to prove all elements of the Reckless Driving offense beyond reasonable doubt. The elements can be challenged. A jury could find that driving 90 MPH on the highway does not constitute a “willful and wanton disregard” of the safety of persons or property. Each case involving reckless driving is unique and this is only one example. Each case is unique and has its own set of facts.