Reckless driving is among the most commonly charged, and most broadly defined, motor vehicle offenses. Three types of reckless driving, all Class 2 misdemeanors, are defined in G.S. 20-140. First, a person who drives a vehicle on a highway or public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others is guilty of reckless driving. G.S. 20-140(a). The second type of reckless driving, which is, by far, the most frequently charged, prohibits driving a vehicle upon a highway or public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property. G.S. 20-140(b). A person who violates both G.S. 20-140(a) and (b) in one continuous operation of a vehicle is guilty of but one offense of reckless driving. See State v. Lewis, 256 N.C. 430 (1962). The third type of reckless driving is limited to commercial motor vehicles carrying oversize or overweight loads. A person who drives 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 so as to endanger or be likely to endanger any person or property commits the offense of reckless driving as defined in G.S. 20-140(f). Because reckless driving is defined in terms that equate to the common law concept of culpable negligence, the analysis required to determine when [...]
Faculty Coordinators
