Reckless Driving Laws and Penalties in New York

In New York, reckless driving is defined as driving a vehicle so that it "unreasonably interferes" with the use of the public highway or "unreasonably endangers" other drivers, cyclists, or pedestrians. Police have broad discretion in determining what constitutes a liability for reckless driving. To have a case upheld in court, the prosecutor must show that the driver acted in a manner that demonstrated disregard for the safety of others in a way that a logical person would not have done. 

Find out more about New York's reckless driving laws and the consequences of a conviction.

However, unreasonably endangers users of the public highway" can result in a "reckless driving" conviction.

Penalties for Reckless Driving

The facts of the case determine the consequences of a reckless driving conviction. In general, reckless driving is a misdemeanour in New York, with the following penalties: 

• First offence. A first careless driving conviction can result in up to 30 days in jail and fines ranging from $100 to $300.

• This is the second offence. A motorist faces up to 90 days in jail and fines ranging from $100 to $525 for a second reckless driving conviction within 18 months.

• This is the third offence. A motorist faces up to 180 days in jail and a fine of $100 to $1,125 for a third reckless driving conviction within 18 months.

A reckless driving conviction will also result in five demerit points being added to a driver's record and an increase in insurance rates.

DUI and Reckless Driving Charges ("Wet Reckless")

A driver charged with driving while intoxicated (DWI) may be able to plea bargain for a reduced charge in several states. When a DUI is reduced to reckless driving, it is commonly called a "wet reckless." In most DWI cases in New York, plea bargaining is illegal. As a result, it is rarely possible to downgrade a DWI prosecution to reckless driving.

Hiring an Attorney to Fight a Reckless Driving Ticket in New York

One of the most severe tickets a person can obtain is careless driving. Unlike most other traffic citations, reckless driving is a misdemeanour (crime) in New York. This means that, unlike speeding penalties, irresponsible driving can result in a jail sentence.

This, combined with the ticket's hefty fines and point value, as well as the possibility of significant motor insurance hikes, necessitates hiring an experienced NY traffic ticket attorney to contest a reckless driving accusation. An experienced attorney can evaluate the evidence surrounding the reckless driving accusation and build a defence plan that may reduce the charge to a more common traffic ticket (such as speeding or making a wrong turn). Contact our skilled New York Traffic Lawyers if you or someone you know has been charged with reckless driving. Our attorneys have the knowledge and experience to defend your New York reckless driving ticket effectively.

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