Reckless driving is a criminal charge under North Carolina law, not just a traffic infraction. It's governed primarily by N.C.G.S. § 20-140, which defines reckless driving as operating a vehicle on a public street or highway:
This statute gives law enforcement broad discretion to charge drivers with reckless driving, even when the facts might also support a basic speeding violation or other lesser offense.
While reckless driving is broadly defined, common fact patterns that could lead to charges include things like:
Reckless driving carries significant license and insurance consequences in North Carolina:
The North Carolina Division of Motor Vehicles (DMV) has authority to suspend or revoke driving privileges depending on your driving history.
Is There Jail Time for Reckless Driving?Reckless driving is a Class 2 misdemeanor in North Carolina. The PRL - Prior Record Level is considered in sentencing. Prior Record Levels II and III allow for more than Community Punishment, which includes the possibility of periods of incarceration (jail) in the discretion of the Court (the Judge).
Cases involving accidents, injuries, school zones, or high speeds (considering the fact pattern, location of the offense and circumstances at the time) can be problematic.
How Is Reckless Driving Different from Speeding?Reckless driving is a criminal misdemeanor in North Carolina. Some speeding violations are infractions, while others can be misdemeanors depending on the specific statute and the speed involved, particularly where certain statutory thresholds are exceeded. If a driver is alleged to have been weaving in-and-out-of traffic, tailgating, following too closely, or operating in a way that endangers others, officers may choose to charge reckless driving in addition to or instead of speeding.
If you're cited for both reckless driving and speeding, a defense attorney can evaluate whether the facts support both charges or if one may be addressed through negotiation. The outcome will depend on driving history, conduct, and how the case is prosecuted locally.
Can You Get a PJC for Reckless Driving?In some cases, a Prayer for Judgment Continued (PJC) may be requested for a reckless driving charge in North Carolina. A PJC is not a finding of guilt, but it is also not a dismissal. A Prayer for Judgment Continued (PJC) allows the court to withhold entering a final judgment of conviction, which in some cases may help avoid driver's license points or insurance surcharges.
But a PJC is not guaranteed. Judges may deny it based on:
- The severity of the facts
- Your prior driving history
- Recent use of a PJC in another traffic matter
Reckless driving carries significant license and insurance consequences in North Carolina:
- 4 DMV points on your North Carolina driving record
- Insurance points under the SDIP system, potentially raising your rates dramatically
- License consequences vary by license type. Provisional license holders (typically under age 18) face an automatic 30-day revocation if charged with a criminal moving violation, including reckless driving, under N.C.G.S. § 20-13.3. IMPORTANT NOTE: A conviction is not required for this suspension. If there are reasonable grounds (probable cause) to believe an offense occurred, North Carolina traffic law allows the revocation to take effect based on the charge alone.
Even when a PJC is granted, it may not protect you from insurance consequences. Under North Carolina's SDIP rules, for offenses on or before July 1, 2025 insurance companies may only honor one PJC every three years per household.
**Note: Beginning July 1, 2025, North Carolina insurance companies will use a five-year lookback period for certain lower-level violations, such as minor speeding or PJC outcomes. This change does not affect how reckless driving is treated by insurers.
What Happens When You Go to Court for Reckless Driving in CharlotteFor reckless driving charges in Mecklenburg County or Union County, your first court date will likely take place in District Court. In Charlotte, these cases are often scheduled in Courtroom 1130 at the Mecklenburg County Courthouse. In many instances, your attorney can appear on your behalf at early administrative settings for misdemeanor traffic offenses.
The court generally does not appoint a public defender for reckless driving charges. The prosecutor may sometimes offer a reduced charge, but outcomes depend on your prior driving record, the speed alleged, any aggravating factors, and whether there are related offenses.
How Powers Law Firm Handles Reckless Driving CasesPowers Law Firm helps drivers charged with reckless driving in Charlotte (Mecklenburg County) and Union County, North Carolina. Our focus is on helping local drivers, commuters, and families understand what’s at stake and how to respond. Find Powers Law Firm on Google Maps
Our lawyers can:
- Analyze the citation and charging documents
- Assess whether the facts, including speed, road conditions, or location, may influence how the charge is handled by the court and prosecutor
- Review driving history for license and insurance exposure
- Appear in court on your behalf in appropriate cases
- Negotiate to reduce or dismiss charges where possible
For example, in Charlotte, a driver cited for traveling 87 mph in a 60 mph zone might receive only a speeding ticket unless additional factors are present. Speed alone does not meet the legal definition of reckless under N.C.G.S. § 20-140. But if it is accompanied by conduct like weaving through traffic, following too closely, or passing dangerously, law enforcement may decide to charge reckless driving. Each case depends on the full context, including prior driving history and the behavior observed by the officer.
We handle both standalone reckless driving charges and those bundled with speeding, aggressive driving, racing, or DWI investigations.
Frequently Asked Questions About Reckless Driving in North CarolinaWill a reckless driving conviction appear on a background check?Reckless driving is a Class 2 misdemeanor under N.C.G.S. § 20-140, which is explicitly considered a traffic violation. According to N.C.G.S. § 15A-145.5(a1), offenses involving impaired driving, such as DUI or felony death by vehicle, are not eligible for expunction. Reckless driving, however, is not classified as "impaired driving" and therefore does not automatically bar expungement by statute North Carolina General Assembly+9North Carolina General Assembly+9UNC School of Government+9.
Expunction eligibility under § 145.5 exists for nonviolent misdemeanor convictions, including those classified as traffic violations, provided certain conditions are met:
If you have only one nonviolent misdemeanor conviction, you may file for expunction 5 years after conviction (or after probation or active sentence, whichever is later).
If you have multiple nonviolent misdemeanor convictions, you may qualify after 7 years, so long as those convictions are not from impaired‐driving offenses, and no other disqualifying convictions occurred during the statutory waiting period North Carolina Justice Center - North Carolina General Assembly.
Since reckless driving is considered a traffic violation, not impaired driving or felony death by vehicle, you may qualify for expunction, subject to all other eligibility criteria. A conviction will remain on your record and be visible on employment background checks or for licensing if expungement is not granted.
Does my age affect whether I could lose my license? If you hold a provisional license (typically under age 18), you may face automatic 30-day revocation if charged with a criminal moving violation such as reckless driving, under N.C.G.S. § 20-13.3. Drivers of all ages are subject to North Carolina’s DMV point system, but provisional license holders may face additional consequences not applied to fully licensed drivers.
Will the 2025 insurance law affect how long reckless driving stays on my record? The five-year lookback period beginning July 1, 2025, applies only to certain low-level violations, such as minor speeding and PJC outcomes. Reckless driving is already treated as a serious violation under North Carolina’s Safe Driver Incentive Plan (SDIP) and is not affected by this change.
Can a lawyer appear in court for me on a reckless driving charge?In many Charlotte-area traffic cases, including reckless driving, your lawyer can appear in court on your behalf for administrative settings, especially in Courtroom 1130 at the Mecklenburg County Courthouse. However, if your case goes to trial or if the court requires your presence for a final disposition, you will need to appear in person. Always confirm with your attorney whether your appearance is required for your specific case.
Can a reckless driving charge be reduced or dismissed?Some cases are resolved through negotiation, driving school, and community service. Others may be reduced to speeding or unsafe driving (unsafe movement) depending on your record, facts of the case, and how it’s handled in court.
If you are charged with reckless driving in Charlotte or Union County, do not assume it is "just a ticket." Reckless driving is a misdemeanor criminal offense in North Carolina, not a waivable infraction. You cannot resolve it simply by paying the citation online or by mail. In many cases, your attorney can appear for you, but your personal presence may be required for trial or if the court directs it.
A conviction results in a criminal record and can affect your employment, license, insurance, and background checks. Before taking any action, it's smart to consult with an attorney who understands North Carolina traffic law. Call or text Powers Law Firm at 704-342-4357 for confidential guidance about your options and rights.
Powers Law Firm is based in Charlotte and accepts reckless driving cases in Mecklenburg and Union Counties.
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