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 Kentucky, reckless driving is codified under KRS 189.290, which states that any person driving any vehicle in a manner which manifests a wanton or willful disregard for the safety of persons or property is guilty of reckless driving. This definition aligns with the general requirement that the prosecution must prove the driver was willfully operating the vehicle in a dangerous manner, showing indifference to safety. Kentucky law does not explicitly define certain behaviors as reckless driving per se, unlike some other states that categorize specific actions, such as excessive speeding or street racing, as inherently reckless. However, the statute does provide a broad framework that could encompass such behaviors under the general definition of reckless driving. Law enforcement officers and prosecutors in Kentucky have discretion in issuing citations and pursuing charges for traffic violations, including reckless driving. If a case goes to trial, it is then up to the judge or jury to determine if the prosecution has met its burden of proof to convict the driver of the offense. Penalties for reckless driving in Kentucky can include fines, imprisonment, and license suspension, depending on the severity of the offense and whether it is a first or subsequent violation.