Is Reckless Driving a Felony in NC?
In the state of North Carolina, reckless driving is a criminal offense that can have severe consequences if convicted. But, is reckless driving a felony in NC?
To answer this question, it’s essential to understand what reckless driving entails and the potential penalties one may face.
What is Reckless Driving?
Reckless driving, also known as "misdemeanor speed," is a motor vehicle violation that occurs when a person operates a motor vehicle with a willful and wanton disregard for the safety of persons or property. This can include, but is not limited to:
• Weaving in and out of lanes
• Speeding
• Tailgating
• Passing on the right side
• Fail to obey traffic signals and signs
Is Reckless Driving a Felony in NC?
No, reckless driving is not typically a felony offense in North Carolina. It is generally considered a Class 2 misdemeanor, punishable by up to 60 days in jail, a fine of up to $1,000, or both.
NC Statutes
According to North Carolina General Statutes, Section 20-140, reckless driving is defined as:
"Mov[ing] the vehicle at a speed of 55 miles per hour or higher on a four-lane highway or more or of 70 miles per hour or higher in any other place, whether such highways are controlled-access or not, and either so constraining and constricting the traffic along such road as to admit of no maximum speed greater than said speed, with the attendant and natural decreased ability to avoid an accident, and with wanton disregard for the safety of persons or property."
Potential Consequences
Although reckless driving is not a felony in NC, a conviction can still lead to severe consequences, including:
• Jail time: Up to 60 days
• Fine: Up to $1,000
• Points on your driver’s license: 4 points
• Increased insurance rates
• Long-term record: A misdemeanor conviction on your record for 5-7 years
• Potential court-mandated community service
• Potential suspended or revoked license
Additional Information
It is essential to note that some cases of reckless driving can lead to more severe charges, including:
• DUI: If intoxication or impairment is also involved, reckless driving may be elevated to a serious injury by vehicle (SIV) or death by vehicle (DBV) charge.
• Agrupation: Multiple charges can be filed in cases involving multiple reckless driving violations.
• Traffic crimes: Reckless driving may be charged concurrently with other traffic offenses, such as speeding or drug-related violations.
Key Takeaways
In summary, reckless driving is generally a Class 2 misdemeanor in North Carolina, punishable by up to 60 days in jail and a fine of up to $1,000. While it is not typically considered a felony offense, it can still carry severe consequences, including the potential for jail time, fines, and long-term impact on one’s driver’s license and insurance rates. If you are accused of reckless driving, it is crucial to consult with a reputable attorney to help minimize the potential consequences.