New Bern Reckless Driving Lawyer

Trial-Tested Defense for Reckless Driving Charges in Craven County

Reckless driving isn’t a traffic ticket. In North Carolina, it’s a Class 2 misdemeanor criminal charge that creates a permanent record, exposes you to jail time, and can follow you into job applications, housing screenings, and loan decisions. At Chesnutt & Clemmons, we’ve represented clients facing these charges in New Bern and across Craven County since 1994. Our attorneys are ranked among the top 5% in North Carolina and bring trial-tested experience to every case we handle.

A reckless driving charge demands immediate attention. Paying the citation is treated as an admission of guilt and triggers all associated penalties. You must appear in court, and what happens there matters. Call our reckless driving attorneys in New Bern at (252) 300-0133 for a free consultation.

What Reckless Driving Means Under North Carolina Law

North Carolina General Statute 20-140 defines reckless driving two ways. The first is driving carelessly and heedlessly in willful or wanton disregard of the rights or safety of others. The second is driving without due caution at a speed or in a manner likely to endanger any person or property. “Willful or wanton disregard” means the driver consciously ignored a known risk. It doesn’t mean the driver intended to cause harm.

You don’t need to be weaving between lanes or involved in an accident to face this charge. Officers have broad discretion. Driving 15 mph over the speed limit in a 55 mph or higher zone can constitute reckless driving. So can driving over 80 mph regardless of the posted limit. The charge can be issued even when no accident, injury, or property damage occurred. The conduct itself is the offense.

Penalties for a Reckless Driving Conviction in North Carolina

Reckless driving carries serious consequences at every conviction level. Under NCGS 20-140, it remains a Class 2 misdemeanor regardless of prior record. Prior convictions don’t change the charge classification. They affect the sentencing range within that framework.

Jail exposure and fines: Sentencing exposure depends on prior record level. First-time offenders (Prior Record Level 1) face up to 30 days. Drivers with prior convictions face up to 45 days at Prior Record Level 2 and up to 60 days at Prior Record Level 3. The maximum fine is $1,000.

License and insurance points: A conviction adds 4 points to your driver’s license record and 4 insurance points under the North Carolina Safe Driver Incentive Plan, corresponding to approximately an 80% increase in premiums. That rate impact lasts 3 years on your driving record.

License suspension triggers: Driving 15 or more mph over the speed limit when traveling at least 55 mph, or driving over 80 mph, can each independently trigger a license suspension. A suspension can also result under NCGS 20-16(a)(9) from being convicted within 12 months of one or more reckless driving charges combined with one or more speeding charges in excess of 55 mph.

Mandatory court appearance: Reckless driving can’t be resolved by paying online or by mail. You must appear in court. Judges consider factors including whether the driving caused an accident or forced evasive action, phone use, weather conditions, impairment, and speed.

Out-of-state drivers: North Carolina participates in the Driver License Compact, which means a conviction here is reported to your home state and treated as if it occurred there.

Common Behaviors That Lead to Reckless Driving Charges

Reckless driving charges can arise from a range of conduct. Speed-based triggers are the most predictable: driving 15 mph over the limit in a 55 mph zone or exceeding 80 mph. But the statute’s broad language means many other behaviors can support a charge.

Common conduct-based triggers include:

• Tailgating: Following too closely to allow safe stopping distances
• Running Red Lights or Stop Signs: Disregarding signals at intersections
• Street Racing: Competitive speed on public roads
• Distracted Driving: Phone use or other engagement that impairs reaction time
• Aggressive Lane Changes: Weaving through traffic or cutting off other drivers
• Driving Under the Influence: Impairment that reduces the ability to operate a vehicle safely

Because the statute gives officers discretion, the same stop can result in a reckless driving charge or a lesser citation depending on how the officer characterizes the conduct. That discretion is one reason legal representation matters early.

Reckless Driving vs. Other Traffic Violations

Most speeding citations and standard traffic violations are civil infractions. Reckless driving is a criminal offense, and that distinction carries real consequences. An infraction can be resolved by mailing a payment. Reckless driving requires a court date. An infraction doesn’t create a criminal record. A reckless driving conviction does.

• Reckless Driving vs. Speeding: Speeding below the statutory thresholds is a civil infraction. When speed crosses those thresholds, or when the manner of driving shows willful disregard, the charge becomes criminal with added jail exposure and higher point totals.
• Reckless Driving vs. Careless Driving: Careless driving involves inattention or poor judgment. Reckless driving requires willful disregard for safety. The intent element separates them and drives the difference in consequences.
• Reckless Driving vs. Other Violations: Violations like illegal turns or failure to yield carry civil penalties. Reckless driving adds a criminal record, a mandatory court appearance, and the possibility of jail.

How a Conviction Affects Your Car Insurance in North Carolina

The financial impact of a reckless driving conviction extends well beyond any fine. Under North Carolina’s Safe Driver Incentive Plan, 4 insurance points are added to your record, corresponding to roughly an 80% increase in premiums that persists for 3 years. Some insurers may decline to renew or cancel a policy following a conviction.

In some cases, an attorney may be able to negotiate a reduction to a lesser charge or civil penalty that carries fewer insurance points or none at all. The difference between a reckless driving conviction and a reduced disposition may translate to thousands of dollars in avoided premium increases over the record retention period.

How Our New Bern Reckless Driving Attorneys Build Your Defense

We examine every case individually. The facts that matter include how the stop occurred, what the officer observed and documented, the speed measurement method used, road and weather conditions, and the driver’s history. No two cases are identical, and neither are the options available.

Depending on the circumstances, possible approaches may include challenging the accuracy of speed-measuring devices, contesting the officer’s characterization of the driving conduct, arguing that the behavior didn’t meet the legal threshold for willful disregard, or seeking a reduction to a lesser civil offense such as improper driving. A reduction to a civil penalty may eliminate the criminal record and reduce both the insurance and fine consequences. For out-of-state drivers, we may be able to appear in court on your behalf, so you don’t have to return to North Carolina.

Our attorneys have over a century of combined legal experience and have handled cases in the Craven County courts where your case will be heard. We conduct in-depth investigations, draw on a network of local contacts and resources, and can pursue trial if negotiation doesn’t produce a just result.

Contact a Reckless Driving Lawyer in New Bern

A reckless driving charge moves quickly. The sooner you have counsel, the more options may be available. Chesnutt & Clemmons offers free consultations and can be reached by phone, email, text, or chat. Our staff includes Spanish speakers, so we can serve clients from all backgrounds.

Don’t face a reckless driving charge alone. Contact Chesnutt & Clemmons at (252) 300-0133 to start building your defense today.

Frequently Asked Questions

• What Is the Difference Between Reckless Driving & Aggressive Driving?
  Reckless driving under NCGS 20-140 is defined by willful disregard for the rights or safety of others. Aggressive driving is a separate offense under NCGS 20-141.6 and requires committing multiple specified moving violations in a manner that endangers others. The two charges are distinct, and each carries its own consequences.
• Can I Be Charged With Reckless Driving if No One Is Injured and No Property Is Damaged?
  Yes. North Carolina charges reckless driving based on the driver’s conduct, not the outcome. The endangerment itself is the offense.
• How Long Will a Reckless Driving Conviction Stay on My Record?
  A reckless driving conviction typically remains on your driving record for 3 years in North Carolina. During that period, it can affect your driving privileges, insurance rates, and any employment that requires a clean record.
• Can I Avoid a Reckless Driving Conviction?
  Depending on the facts and your driving history, options may include charge reduction through a plea arrangement, dismissal, or reduction to a civil penalty such as improper driving. An attorney can evaluate what may apply to your specific situation.
• What Happens if I’m Charged With Both Reckless Driving and DUI?
  Each charge carries separate consequences. Combined charges significantly increase total exposure to fines, license suspension, and jail time. An attorney can evaluate how the charges interact and what defense options are available.
• Can a Reckless Driving Conviction Be Expunged From My Record?
  Most misdemeanor reckless driving convictions may become eligible for expungement after a waiting period under NC Gen. Stat. 15A-145.5. Eligibility depends on prior record and whether other disqualifying factors exist. Consult an attorney to determine whether expungement applies to your situation and what steps are involved.
• What Should I Do if I’m Pulled Over for Reckless Driving?
  Remain calm and cooperative. Provide the required documentation, including your driver’s license, registration, and insurance. Don’t admit guilt or make statements about the incident before consulting an attorney.