If you've been charged with reckless or careless driving in Charlotte, you may be wondering about the differences between these two offenses and the potential consequences of a conviction. While both charges involve unsafe driving behaviors, the legal definitions, penalties, and long-term impact on your record can vary significantly.
Our experienced reckless driving lawyers at Browning & Long, PLLC, with our in-depth understanding of North Carolina's reckless vs careless driving laws, are here to guide you. We will work closely with you to analyze the specific facts of your case, identify effective defense strategies, and minimize the negative consequences of these charges.
What Is Reckless vs Careless Driving in NC?
The key distinction between reckless vs careless driving in NC lies in the degree of negligence and the potential risk to others. Here are the crucial differences in these charges and penalties.
Careless Driving
Careless driving is considered a less serious offense than reckless driving. It is an infraction rather than a misdemeanor. It is not defined by a North Carolina statute but is cited when someone is driving unsafely or negligently.
Careless driving involves driving without the necessary caution and attention. However, the driver may not intend to cause harm to people or property. Examples of when you may be charged with careless driving include:
- Not yielding the right of way
- Not using a turn signal before changing lanes or weaving between lanes
- Not obeying traffic signals
- Not driving for weather conditions, like heavy rain, fog, and ice
The penalties for careless driving include a fine and court costs. However, you would not be sentenced to jail time.
Reckless Driving
Under NC Gen Stat § 20-140, reckless driving is defined as operating a vehicle in a manner that shows a ”wanton disregard for the rights or safety of others." This offense can also be committed by driving at a speed likely to cause injury or property damage. Here are examples of when you could be arrested for reckless driving:
- Excessive speeding. Driving more than 15 mph over the posted speed limit or over 80 mph on any road constitutes reckless driving.
- Drag racing. Engaging in speed competitions on public streets or highways is illegal and can result in reckless driving charges.
- Traffic violations. Weaving in and out of traffic, tailgating, running a red light, or failing to yield the right of way are other examples of reckless driving.
In our state, reckless driving is a Class 2 misdemeanor. NC reckless driving penalties include up to 60 days in jail and a fine of up to $1,000.
When Reckless vs Careless Driving Charges Can Lead to Other Serious Consequences
While the penalties for reckless vs careless driving in NC are generally more severe, both charges can significantly impact your life. Depending on the circumstances, you may face:
- Points on your driving record. The North Carolina Department of Motor Vehicles would access points on your driving record if you’re convicted of reckless or careless driving. Accumulating too many points on your driving record over a short period of time can result in your driver’s license being suspended.
- License suspension. A reckless driving conviction carries a mandatory 30-day driver’s license suspension for a first offense and 60 days for a second, but the judge could increase the suspension.
- Criminal record. Reckless driving is a misdemeanor that will appear on your criminal record and have long-term consequences, affecting your employment, housing, and educational opportunities.
- Insurance rate increases. Reckless and careless driving convictions can lead to substantially higher auto insurance premiums for years after you complete your sentence.
How We Can Help You Defend Against Reckless and Careless Driving Charges
If you've been charged with reckless or careless driving in Charlotte, taking these allegations seriously and seeking experienced legal guidance is crucial. Here are ways our reckless driving lawyers can help you:
- Challenge the evidence: We may be able to challenge the accuracy of speed measurements, the reliability of witness statements, or the legality of the traffic stop itself.
- Raise your defenses. Our attorneys will pursue all defenses to fight the charges you face, such as speedometer malfunctions, the GPS defense, or violations of your constitutional rights.
- Advise you on your options: Our lawyers will help you understand the potential consequences of a plea bargain versus fighting the charge at trial so that you can make the best decisions for your case.
- Negotiate with prosecutors: In some cases, we may be able to have your charge reduced to a less serious offense or secure a deferred prosecution agreement that allows you to avoid a conviction through a plea agreement with the prosecutor.
- Present mitigating factors: If you have a clean driving record or there were extenuating circumstances, our legal team can argue for leniency in sentencing.
At Browning & Long, PLLC, our Charlotte reckless driving lawyers have extensive experience handling complex traffic cases in Mecklenburg County. We take the time to listen to your concerns, thoroughly investigate the allegations against you, and develop a tailored strategy to protect your rights and driving privileges.
