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People who receive a reckless driving charge in North Carolina often assume it will be handled like a speeding ticket by paying a fine and moving on. However, unlike a standard traffic infraction, reckless driving carries criminal consequences that can appear on background checks and affect job prospects, professional licenses, and more.
If you’ve been charged with reckless driving, contact our experienced Charlotte reckless driving lawyers at Browning & Long, PLLC, immediately. We understand exactly how a reckless driving criminal record can affect your life and how to fight the charges you face successfully.
Reckless Driving Is a Crime in North Carolina
Under North Carolina law, reckless driving is a Class 2 misdemeanor. It is a criminal charge, and a conviction results in a reckless driving criminal record unless the charge is reduced, dismissed, or resolved without a conviction.
The offense is governed by N.C.G.S. § 20-140, which defines reckless driving as operating a vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and at a speed or in a manner likely to endanger people or property. That statutory language gives law enforcement considerable discretion to arrest someone who is driving well over the speed limit, weaving through traffic, or driving aggressively in a school zone.
How Does a Reckless Driving Conviction Appear on a Background Check?
If you’re convicted of reckless driving, you can face a jail sentence and hefty fines. In addition, you will have a permanent reckless driving criminal record. Here are ways this could affect your life for years after you complete your sentence.
Reckless Driving Background Checks
As a criminal misdemeanor, a conviction will appear on criminal background checks. This can affect your employment opportunities, particularly for jobs involving driving, positions requiring security clearances, or roles with financial responsibilities.
The conviction can appear on reckless driving background checks indefinitely. That makes the distinction between a conviction and a dismissed or reduced charge especially meaningful.
Driving Record Checks
A reckless driving conviction will also appear on North Carolina driving record checks. Employers in driving-related roles routinely use motor vehicle records during the hiring process. A conviction also adds four demerit points to your driver's license, and insurance premiums can increase dramatically.
Can a Reckless Driving Charge Be Reduced or Dismissed?
This is where early legal involvement matters most. A reckless driving charge is not the same as a conviction. Our knowledgeable reckless driving lawyers at Browning & Long, PLLC, are both former Mecklenburg County prosecutors who understand how these cases are evaluated and what defenses may apply. We know that you could have strong defenses to fight back—even if you think you’re guilty.
Several defense strategies may be available depending on the facts of your case:
- Challenging the evidence. If the evidence used to establish reckless driving is weak or unreliable, such as disputed speed readings or inconsistent witness accounts, that evidence may be challenged in court.
- Questioning the traffic stop. If the officer lacked probable cause to initiate the stop, the charge may be dismissed on constitutional grounds.
- Raising constitutional violations. If law enforcement failed to respect your constitutional rights during the stop or arrest, including your Miranda rights or the right to counsel, those violations may provide grounds for dismissal.
- Disputing the legal threshold. Demonstrating that the driving behavior did not meet the statutory definition of reckless driving under N.C.G.S. § 20-140 can be raised, particularly when the facts are ambiguous.
In some cases, a charge may be reduced to a lesser, non-criminal traffic ticket through a plea bargain, which carries no criminal record consequences. A charge that is dismissed or resolved without a conviction avoids the problem of a reckless driving background check entirely.
Why You Should Act Quickly If You’re Arrested for Reckless Driving
Reckless driving charges in Charlotte and surrounding areas are not resolved automatically in the defendant's favor. The window to build a defense, gather evidence, and pursue alternatives to conviction is limited.
That’s why retaining our reckless driving attorneys at Browning & Long, PLLC, soon after your arrest is crucial. We will bring our extensive experience and in-depth knowledge of North Carolina law to help you obtain the best possible outcome for your unique legal situation.
