Is Reckless Driving a Felony Charge in North Carolina?

In North Carolina, reckless driving is generally charged as a Class 2 misdemeanor, but under certain circumstances, it can be charged as a felony. Reckless driving involves any type of driving that puts other people in danger, such as speeding, aggressively changing lanes, tailgating, racing on the street or highway, failing to yield the right way, driving down the wrong side of the road, or running a red light or stop sign.

North Carolina laws treat reckless driving as a crime and a traffic violation. It is considered a traffic violation and a crime because if you are convicted, you could have points put on your license, and it will cause your insurance rates to increase. When a driver doesn't adhere to traffic rules, such as speeding or failing to stop at a stoplight, it is often called a moving violation. However, not all traffic tickets are classified as moving violations. More serious traffic violations can lead to more serious charges, such as reckless driving.

When drivers do not follow the rules of the road, dangerous types of careless driving can result in police officers issuing a ticket for reckless driving and a future court date. Reckless driving is charged as a crime because it involves putting the safety of others in jeopardy through the driver's actions. Reckless driving can be a predicate offense supporting a felony charge, according to N.C.G.S.A. § 14-32. The statute defines the crime of assault with a deadly weapon and intent to kill or inflicting serious injury when severe bodily injury or death is caused by Reckless driving.

Class 2 misdemeanor reckless driving is defined as the following in North Carolina;

• Driving any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.
• Driving any vehicle upon a highway or any public vehicular area without due caution and circumspection and at speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.

Under North Carolina laws, if you are speeding at a high rate (well over the posted speed limit), you may be charged by law enforcement with the moving violation of reckless driving in North Carolina. Specifically, driving at the following speeds is considered reckless driving:

• Driving speed more than 15 mph over the speed limit while driving at a speed greater than 55 mph or
• Driving at a speed greater than 80 mph

It is at the discretion of a police officer whether they will charge you with reckless driving or speeding. If you are driving 95 mph in a 70 mph zone, you will probably be charged with Reckless driving. Many people who are charged with reckless driving are also charged with DWIs, which can result in jail time, driver's license suspension, fines, fees, and other penalties.

For commercial drivers, reckless driving includes driving commercial motor vehicles carrying oversized or overweight loads. A driver who operates such a vehicle carelessly and heedlessly, in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner to endanger or be likely to endanger any person or property commits the offense of a North Carolina reckless driving class 2 misdemeanor.

Reckless driving carries a wide range of penalties depending on the circumstances of the case. A conviction of reckless driving will result in Four Points being placed on your driver's license. A conviction for aggressive driving will result in five points being placed on your license.

Its conviction carries insurance points, which can amount to an 80% increase in your premium, fines of up to $1,000, driver's license suspensions of up to 12 months, and a jail sentence of up to 60 days. If you were a repeat offender, you were driving recklessly near a construction zone, school, or residential neighborhood, or you put other drivers in danger, you could face greater jail time.

You are not alone if you have been charged with aggressive driving in North Carolina. Contact the experienced attorneys at Arnold & Smith, PLLC, to schedule a complimentary, no-obligation case evaluation with a skilled attorney.