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 Illinois, reckless driving is defined under 625 ILCS 5/11-503 of the Illinois Vehicle Code. It is considered a serious offense where the driver is accused of willfully operating a vehicle with a disregard for the safety of others or property. To be charged with reckless driving in Illinois, the prosecution must prove that the driver's actions were intentional or with an utter disregard for safety. Certain behaviors, such as driving more than 35 miles per hour over the speed limit, can be considered reckless driving per se, meaning that such behavior is inherently reckless and does not require additional proof of recklessness. Reckless driving is typically a Class A misdemeanor, but it can be elevated to a felony if it causes bodily harm or property damage. 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 its burden of proof for conviction.