What Is Aggravated Reckless Driving in North Carolina?

If you're facing charges for aggravated reckless driving in Charlotte, you may be worried about the potential consequences and how to defend yourself. That’s understandable. This serious criminal offense carries harsh penalties that can significantly impact your life. 

The experienced North Carolina traffic defense attorneys at Browning & Long, PLLC, understand the severe punishments you face and the long-term consequences of a criminal conviction on your life. We can evaluate your case and develop an effective legal strategy to fight the charges to help get them dismissed or reduced to a less serious offense. 

What is Reckless Driving in North Carolina?

Under N.C.G.S. § 20-140, reckless driving is defined as operating a vehicle in a manner that demonstrates a willful or wanton disregard for the safety of others or their property. This includes driving carelessly and heedlessly in a manner or at a speed that endangers, or is likely to endanger, any person or property.

Some common examples of reckless driving include:

• Speeding more than 15 mph over the posted limit

• Erratic lane changes or weaving through traffic

• Running red lights or stop signs

• Failing to yield the right of way

• Illegally passing other vehicles

• Tailgating

• Street racing

What is Aggravated Reckless Driving Under North Carolina Law?

Aggravated reckless driving is a more serious form of reckless driving that involves a higher degree of negligence or specific aggravating factors. Some examples of driving behaviors that may lead to aggravated reckless driving charges include:

• Driving while impaired by alcohol or drugs.
• Causing serious injury to another person.
• Excessive speeding far above posted limits (e.g., 25–30 mph over).
• Racing another vehicle on public streets.
• Reckless driving in a school zone or construction area.
• Driving recklessly with minors in the vehicle.
• Using your cellphone while driving
• Driving carelessly or too fast in bad weather

When Can Reckless Driving Be Charged as a Felony in North Carolina?

In most cases, reckless and aggravated reckless driving are charged as misdemeanor offenses in North Carolina. However, there are certain circumstances where reckless driving can be elevated to a felony charge, such as the following:

• If the reckless driving causes serious bodily injury to another person
• If the reckless driving causes the death of another person
• If the driver was attempting to elude law enforcement and their actions caused a death
• If the reckless driving is part of other charges, like felony DWI or hit and run

What Are the Penalties for Aggravated Reckless Driving in NC?

Aggravated reckless driving is a Class 2 misdemeanor offense in North Carolina. Our state uses a complicated sentencing system that considers aggravating and mitigating factors that the judge uses when deciding on your sentence. If you’re convicted of aggravated reckless driving, you could face these punishments: 

• Up to 60 days in jail
• Fines and court costs
• Driver's license suspension 
• Four demerit points added to your driving record
• Increased car insurance premiums

What Are Possible Legal Defenses Against Aggravated Reckless Driving Charges?

Given the harsh consequences you face if charged with aggravated reckless driving, you must take the charges seriously and do everything you can to fight back. Here are some defenses our North Carolina traffic defense attorneys may use to defend you:

• Challenging the evidence. Our lawyers may argue that the evidence against you, such as speed detection devices or witness testimony, is inaccurate or unreliable.
• Insufficient evidence. If the prosecution cannot prove all the elements of the offense beyond a reasonable doubt, we may argue for a dismissal or acquittal.
• Justification. Your actions may have been justified based on factors like poor road conditions, medical emergencies, or mechanical issues with your vehicle.
• GPS defense. If your vehicle was equipped with a GPS device, our attorneys may use the data to show that you were not driving recklessly during the alleged offense.
• Violation of constitutional rights. If law enforcement violated your rights during the traffic stop or arrest, such as conducting an illegal search or failing to read your Miranda rights, our legal team may seek to have evidence suppressed or the case dismissed.
• Plea bargain. Our traffic defense attorneys may be able to negotiate a favorable plea agreement with the prosecutor if this is in your best interests.

Let Our North Carolina Traffic Defense Attorneys Help

Don't let one mistake jeopardize your future. Aggravated reckless driving charges demand skilled legal representation. Our attorneys at Browning & Long, PLLC, are former prosecutors with extensive experience defending clients against serious traffic offenses across North Carolina. We will develop a solid defense strategy, collect the evidence to support your defenses, and work tirelessly to minimize the consequences you face and help you move forward.