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 Maine, reckless driving is referred to as 'Driving to Endanger' under Title 29-A, Section 2413 of the Maine Revised Statutes. The law defines the offense as operating a motor vehicle in a manner that endangers the lives and safety of the public. To be convicted of Driving to Endanger, the prosecution must prove that the driver intentionally or knowingly operated the vehicle in a way that could have put people or property at risk. Maine law does not specifically define certain behaviors as reckless driving per se, but excessive speeding and other dangerous behaviors could be used as evidence of reckless driving. Penalties for a conviction can include fines, license suspension, and even jail time. The discretion to issue a citation and prosecute lies with law enforcement and the prosecutor, while the judge or jury has the discretion to determine if the prosecution has met its burden of proof for a conviction.