General legal information for the United States, not legal advice. Read the disclaimer

Reckless Driving vs. Speeding: Why the Difference Matters

Photo: Michael Förtsch / Unsplash

Speeding is usually a civil or minor traffic infraction. Reckless driving can be a misdemeanor crime with jail, large fines and a criminal record.

What counts as reckless driving

Definitions vary, but reckless driving generally involves willful or wanton disregard for safety. Some states also set a speed threshold, such as driving far above the limit or 20 or more miles over, as automatic reckless driving.

Possible penalties

  • Fines that can reach hundreds or thousands of dollars.
  • License points or suspension.
  • Possible jail time.
  • Higher insurance premiums for years.
  • A criminal record that can affect employment, including commercial driving.

Defenses and options

  • Challenging the evidence of speed or conduct.
  • Negotiating a reduction to a lesser traffic offense.
  • Attending driving courses where allowed.
  • Proving circumstances such as emergency or mistake.

What to do

  1. Read the citation to see whether it is an infraction or a criminal charge.
  2. Note the court date and respond on time.
  3. Hire a traffic or criminal defense lawyer for a criminal charge.
  4. Do not simply pay if payment means conviction.

Frequently asked questions

Can reckless driving be reduced?

Often yes by plea agreement, depending on the facts and local practice.

Does it show up on a background check?

If it is a misdemeanor conviction, yes.

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