Laws regarding reckless driving charges vary from state to state—including the name of the offense and its definition. This offense may also be known as reckless operation of a motor vehicle or driving to endanger—but generally requires that the government (prosecution) prove the driver was willfully operating a motor vehicle in a way that showed indifference to the safety of persons or property.

And in some states certain driving behavior may be considered reckless driving per se (pronounced pur-Say)—which is reckless driving by definition or “on its face.” For example, if a driver is driving more than 30 miles per hour over the speed limit or is engaged in street racing, the driver may be charged with reckless driving per se, and the prosecutor will not be required to prove any other elements of the reckless driving offense, as such behavior is reckless driving by definition—with the definition being provided by the state legislature in the traffic code.

As with many traffic violations, the officer issuing the citation and the prosecutor have significant discretion in determining whether there was a violation of a traffic law and whether the violation constitutes a certain offense, as defined by the state legislature in the traffic code or in a municipal ordinance.

This discretion to issue a ticket or citation and prosecute the charge against the driver is balanced by the discretion of the jury or judge in determining whether the prosecution met its burden of proof sufficient to convict the driver (for a criminal offense) or find the driver responsible (for a civil infraction, violation, or offense).

In California, reckless driving is defined under California Vehicle Code Section 23103. It states that a person is guilty of reckless driving if they drive a vehicle on a highway in willful or wanton disregard for the safety of persons or property. This is a misdemeanor criminal offense and can result in penalties including fines, imprisonment, and a driver's license suspension. California law also recognizes the concept of 'reckless driving per se' for certain behaviors that are inherently dangerous, such as engaging in a speed contest or exhibition of speed (Vehicle Code Section 23109), or driving over 30 miles per hour over the speed limit. In these cases, the prosecutor may not need to prove additional elements of reckless driving beyond the dangerous act itself. Law enforcement officers and prosecutors have discretion in issuing citations and pursuing charges, while judges or juries have the discretion to determine if the prosecution has met the burden of proof for a conviction. The specific circumstances of each case can influence these decisions, and the penalties can vary based on factors such as the driver's record and the presence of any aggravating factors.