Reckless Driving and Aggressive Driving Are Separate Serious Traffic Offenses in North Carolina

Penalties for Reckless Driving and Aggressive Driving

North Carolina not only has complicated reckless driving and aggressive driving offenses, but also a complex sentencing system that considers the current offense and the person’s prior criminal history. Someone convicted of either of these charges could be charged with one of these types of sentences:

• Active punishment, which includes a jail sentence.
• Intermediate punishment, which is supervised probation that may or may not include a jail sentence.
• Community punishment—any punishment other than active punishment and may include house arrest with electronic monitoring or community service.

The convicted person’s conviction level is also considered. An individual with no prior convictions falls within Prior Conviction Level 1, with one to four prior convictions within Prior Conviction Level 2, and with five or more convictions within Prior Conviction Level 3. Here are the possible sentences for aggressive driving and reckless driving:

• Prior Conviction Level 1. For reckless driving, the sentence would be community punishment for one to 30 days. Aggressive driving is also sentenced at the community punishment level, but for 1 to 45 days.
• Prior Conviction Level 2. A person convicted of reckless driving can face a community or intermediate punishment for 1 to 45 days. He could receive an active, intermediate, or community punishment for 1 to 45 days for an aggressive driving conviction.
• Prior Conviction Level 3. A person could be sentenced to a community, intermediate, or active punishment for between 1 and 60 days for a reckless driving conviction and between 1 and 120 days for an aggressive driving conviction.