7.706 — RECKLESS DRIVING

Violations of "Statute 7.706" results in a Class D Misdemeanor with receiving an additional license point(s) of 4.

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(a) Definitions

Reckless driving is defined as operating a motor vehicle in a manner that shows a willful disregard for the safety of persons or property. It involves actions that go beyond ordinary negligence and demonstrate a conscious indifference to the potential risks posed by the driver’s conduct. This includes speeding, weaving in and out of traffic, and engaging in other dangerous maneuvers that endanger others on the road.

(b) Elements

To establish the offense of reckless driving, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant was operating a motor vehicle on a roadway.

2. The defendant drove in a manner that was a substantial deviation from the standard of care a reasonable person would exercise under similar circumstances.

3. The defendant’s driving exhibited a willful or wanton disregard for the safety of others or their property.

4. The defendant's driving behavior created a substantial risk of harm to people, property, or public safety.

Examples of reckless driving may include excessive speeding, weaving between lanes without signaling, running red lights or stop signs at high speeds, and engaging in street racing.

(c) Defenses

Defenses against a charge of reckless driving may include:

1. The defendant was not driving recklessly and their actions did not display a disregard for safety.

2. The defendant’s driving was a result of a medical emergency or mechanical failure that could not have been reasonably avoided.

3. The defendant was misidentified as the driver or was not behind the wheel at the time of the incident.

4. The actions in question were not the cause of any actual harm or damage to persons or property.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. The defendant’s reckless driving resulted in an accident that caused injury or significant property damage.

2. The defendant was under the influence of drugs or alcohol at the time of the offense.

3. The defendant was engaged in reckless driving behaviors that endangered pedestrians, cyclists, or law enforcement officers.

4. The defendant has a prior history of reckless driving or other serious traffic offenses.

5. The driving occurred in a construction zone, school zone, or other areas where additional caution is required.