Reckless driving is a charge that most people have either been charged with, or knows someone who has been charged with such a crime.  DUI AttorneyHowever, what exactly defines reckless driving in North Carolina?  According to the NC Statute covering reckless driving, § 20‑140, it is defined as:

(a)        Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.

(b)        Any person who drives any vehicle upon a highway or any 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 shall be guilty of reckless driving.

(f)        A person is guilty of the Class 2 misdemeanor of reckless driving if the person drives a commercial motor vehicle carrying a load that is subject to the permit requirements of G.S. 20‑119 upon a highway or any public vehicular area either:

               (1)        Carelessly and heedlessly in willful or wanton disregard of the rights or safety of others; or

               (2)        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.

 Therefore, someone may be charged with reckless driving if they operate a vehicle in such a manner that shows a serious disregard for the safety of others, or if they are speeding at such a high rate of speed that it endangers others around them.  The next section of the statute refers to someone who is driving a commercial vehicle, generally a tractor trailer.

The question most people ask is what is meant by a “willful or wanton disregard for the safety of others?”  Well, courts in North Carolina have generally held that a simple traffic violation is not enough unless it involves actual danger to life, limb, or property.  In most cases, this deals with a fact specific inquiry which will depend on the facts in each individual case if the standard is met.