Being cited for driving recklessly is a more serious offense than a simple traffic infraction. While not a felony, under North Carolina law, reckless driving is a misdemeanor charge. Convictions for any criminal charge should be avoided whenever possible.
But those facing reckless driving charges in North Carolina may question just how subjective the officer’s decision to make the initial traffic stop was. After all, the language is rather vague in this state.
What the law says
According to the statute, motorists can be arrested for reckless driving if they operate a vehicle “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.”
It further states that driving “carelessly and heedlessly in willful or wanton disregard of the rights or safety of others” can result in an arrest. That definition leaves a lot of wiggle room for the officer when deciding whether to make an arrest or issue a warning.
What about body cams?
Today, most police departments outfit their officers with body cameras, and officers typically drive squad cars that have cameras installed. That can provide substantial evidence against motorists charged with the offense.
Still, the officers may try to exaggerate a driver’s alleged recklessness and bring about a conviction.
Can I defend myself against reckless driving charges?
It’s possible, but it is prudent to have your legal team ready to go to bat for you if you choose to challenge the arrest in a court of law. Regardless, building a staunch defense to the charges immediately is a good strategy to follow.