Thousands of Wake County Cases Inform Your Reckless Driving Defense
A reckless driving allegation requires more than a routine response to a traffic citation. At Floyd Law Offices PLLC, we represent Raleigh and Wake County drivers charged with reckless driving and other traffic offenses. We build each defense around the evidence, the client’s circumstances, and the client’s goals.
Founding attorney Chris Floyd has handled thousands of cases in Wake County courts. His trial record includes not-guilty verdicts in cases ranging from misdemeanors to first-degree murder. That experience grounds each defense in practical courtroom judgment.
Call (919) 805-3663 for a free, confidential initial consultation about your charge.
Criminal Penalties for Reckless Driving
Reckless driving is a criminal misdemeanor in North Carolina, not a simple traffic infraction. It’s typically classified as a Class 2 misdemeanor. A charge involving serious injury is a Class 1 misdemeanor, while one involving serious bodily injury is a Class A1 misdemeanor.
A conviction for Class 2 misdemeanor reckless driving carries a maximum fine of $1,000. For a first conviction, the potential jail term can be up to 30 days. A longer prior record can increase the maximum toward 60 days, although sentencing depends on the applicable offense level and prior record.
These penalties make it important to examine the state’s allegations rather than treat the charge like an ordinary speeding citation. The specific statute, alleged driving behavior, and prosecution evidence can all shape the defense.
What Happens After a Reckless Driving Charge in Wake County
Reckless driving cases in Wake County are heard at the Wake County Justice Center. Because the charge is a criminal misdemeanor, the person charged must attend the scheduled court hearing. A driver shouldn’t assume that paying a citation or hiring counsel automatically eliminates that obligation.
Failure to appear can lead to additional fines and an arrest warrant. We explain court obligations and legal options directly so clients know what requires their attention as the case proceeds.
Our work on a reckless driving case can include:
Initial review: We examine the citation, allegations, available evidence, and the client’s account of what occurred.
Independent investigation: We don’t rely solely on the police report. We assess the facts and look for weaknesses or conflicts in the prosecution’s evidence.
Pre-trial motion practice: When supported by the case, we use motions to challenge evidence. A motion to suppress asks the court to exclude evidence obtained in violation of constitutional rights.
Court representation: We challenge evidence, negotiate with prosecutors, and prepare for a hearing or trial when needed.
Every case presents different facts. We provide straightforward assessments throughout the process so clients can make informed decisions without promises about timelines or outcomes.
Discuss Your Reckless Driving Charge with Us
Our contact form is available to new clients who prefer to share basic information online before a free, confidential initial consultation. During the consultation, we can review the circumstances, explain the legal issues, and discuss possible next steps.
Flexible payment plans are available for clients concerned about the cost of representation.
N.C. Gen. Stat. § 20-140 provides two definitions of reckless driving. One covers driving carelessly and heedlessly in willful or wanton disregard of the rights or safety of others. Willful or wanton disregard generally refers to conduct showing a conscious indifference to safety rather than an ordinary mistake behind the wheel.
The statute also covers driving without due caution and circumspection at a speed or in a manner that endangers, or is likely to endanger, a person or property. Due caution and circumspection refers to the level of care appropriate under the circumstances.
A defense review considers whether the state’s evidence supports the particular statutory definition charged. Relevant issues can include the officer’s observations, the conduct described in the citation, and roadway conditions. Speed can be part of the allegation, but the full circumstances matter when evaluating whether the evidence meets the statutory standard.
Driving Record, License & Insurance Consequences
A conviction for reckless driving adds four demerit points to a driving record. Accumulating 12 or more points within three years leads to license suspension, so the effect can depend partly on the points already on the driver’s record.
A conviction can also trigger a license suspension when the driver was traveling more than 15 mph above the limit while going at least 55 mph, or when the alleged speed exceeded 80 mph. Another suspension can result if the driver had a conviction for reckless or aggressive driving, together with a related speeding conviction, during the preceding 12 months.
Insurance rates are also likely to increase after a conviction, although the amount depends on the insurer, policy, and driving history. These consequences are separate from the misdemeanor sentence imposed by the court and should be considered when evaluating the charge.
Commercial driving license concerns: A traffic conviction can affect employment when a commercial driving license is involved. Our traffic offense representation addresses those potential consequences as part of the client’s case-specific goals, along with the criminal charge and driving-record implications.
