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 Idaho, reckless driving is defined under Idaho Code § 49-1401, which states that a person is guilty of reckless driving if they drive a vehicle upon a highway or public roadway carelessly and heedlessly or without due caution and circumspection, in a manner so as to endanger or be likely to endanger any person or property. Reckless driving in Idaho is considered a misdemeanor offense. The statute does not explicitly define certain behaviors as reckless driving per se, but actions such as excessive speeding or street racing could be interpreted by law enforcement and the courts as demonstrating the required indifference to safety. Penalties for a conviction of reckless driving in Idaho can include fines, imprisonment, and driver's license suspension. The discretion to issue a citation for reckless driving lies with the law enforcement officer, while the prosecutor must prove the charge beyond a reasonable doubt. The final determination of guilt is made by a judge or jury, depending on whether the case is tried as a criminal offense.