Reckless driving on Long Island is a serious offense that goes far beyond a typical traffic violation. Under New York state law, it is classified as a misdemeanor, a criminal charge that carries significant, life-altering consequences. Many individuals are unaware of the gravity of the situation until they are standing before a judge. Please continue reading as we provide a clear overview of the legal definition of reckless driving in New York, detail the substantial penalties you may face, and underscore the importance of connecting with our experienced Suffolk County Reckless Driving Lawyers for skilled representation. 

How Does New York Define Reckless Driving?

Under New York Vehicle and Traffic Law § 1212, reckless driving refers to the operation of a motor vehicle in a manner that unreasonably interferes with the free and proper use of a public highway or unreasonably endangers its users. This intentionally broad statutory language grants law enforcement and prosecutors significant latitude to apply the charge in scenarios that extend beyond typical speeding or minor errors.

On Long Island, examples of behavior that may lead to a reckless driving charge include aggressively weaving at high speeds on major thoroughfares like the LIE or Sunrise Highway, engaging in aggressive tailgating and “brake-checking,” street racing between traffic lights, or blatantly disregarding red lights and stop signs in a manner that creates obvious danger to others.

While many poor or frustrating driving habits do not meet the legal threshold for “reckless,” a simple traffic infraction, such as a minor lane violation or low-level speeding ticket, typically remains a non-criminal matter. Reckless driving, however, is pursued when an officer concludes that the driver’s actions:

  • Exceeded mere negligence
  • Demonstrated a profound disregard for the safety of others
  • Posed a significant and substantial risk of an accident or bodily harm

What Are the Potential Penalties?

In New York, a conviction for reckless driving carries serious penalties that can affect your driving privileges, financial stability, and personal liberty. Since reckless driving is a misdemeanor, a conviction leads to a permanent criminal record. The specific consequences will differ based on whether it is a first offense or if the individual has previous reckless driving convictions. Potential penalties include:

  • Fines & Surcharges: 
    • First Offense: $100-$300 in fines
    • Second Offense (within 18 months): Up to $525 in fines
    • Third Offense (within 18 months): Up to $1,125 in fines
    • It is important to note that additional mandatory court surcharges apply
  • Jail Time: 
    • First Offense: Up to 30 days behind bars
    • Second Offense: Up to 90 days behind bars
    • Third Offense: Up to 180 days behind bars
  • Probation: In extreme cases, the court may impose probation conditions instead of, or in addition to, short jail terms.
  • Driver’s License Points: A conviction can result in 5 points being added to your driving record.
  • License Suspension or Revocation: Repeat or additional traffic offenses can result in the loss of your driving privileges temporarily or permanently.
  • Increased Insurance Premiums: Since insurance categorizes reckless driving as a high-risk violation, expect substantial increases in your rates or even policy cancellation.
  • DMV Driver Responsibility Assessment (DRA) Fee: Accumulating a total of 6 or more points on your driving record within 18 months triggers an additional $300 assessment fee from the DMV, plus an extra $75 for every point beyond the initial six.

Given that a reckless driving conviction can have a long-term impact, swift action is crucial. By challenging the charges and working to minimize or dismiss the penalties, a skilled attorney at Castro & Trodden, LLC can thoroughly assess your case and fight on your behalf.