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 Georgia, reckless driving is defined under O.C.G.A. § 40-6-390 as driving any vehicle in reckless disregard for the safety of persons or property. This offense is considered a misdemeanor, and the prosecution must prove that the driver was willfully operating the vehicle with indifference to safety. Georgia law also recognizes certain behaviors as reckless driving per se. For instance, driving significantly over the speed limit, such as more than 30 miles per hour, or engaging in street racing can automatically be categorized as reckless driving, eliminating the need for the prosecutor to prove additional elements of the offense. Law enforcement officers and prosecutors in Georgia have discretion in issuing citations and pursuing charges for traffic violations, including reckless driving. However, this discretion is counterbalanced by the judiciary, as a judge or jury ultimately determines whether the prosecution has met the burden of proof required for a criminal conviction or a finding of responsibility for a civil infraction.