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 Colorado, reckless driving is defined under Colorado Revised Statutes Section 42-4-1401 as driving a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property. This is a criminal traffic offense and can lead to severe penalties including fines, imprisonment, and the revocation of driving privileges. Colorado law does not explicitly define certain behaviors as reckless driving per se, but excessive speeding and aggressive driving behaviors could be interpreted as reckless by law enforcement and the courts. The burden of proof lies with the prosecution to show that the driver's actions fit the definition of reckless driving. The discretion of law enforcement officers, prosecutors, and ultimately the judge or jury, plays a significant role in determining whether a driver's behavior constitutes reckless driving. Penalties for a conviction can vary, but they often include a combination of fines, points on the driver's license, and possible jail time.