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 Nebraska, reckless driving is defined under Nebraska Revised Statute 60-6,213 as driving any vehicle 'in such a manner as to indicate an indifferent or wanton disregard for the safety of persons or property.' This is a broad definition that gives law enforcement and prosecutors discretion to determine what constitutes reckless driving on a case-by-case basis. Nebraska law also recognizes the concept of reckless driving per se for certain behaviors that are inherently dangerous. For instance, excessive speeding, defined as driving 35 miles per hour or more over the speed limit, can be considered reckless driving per se under Nebraska law. Penalties for reckless driving in Nebraska can include fines, license suspension, and even jail time, depending on the circumstances and whether it is a first or subsequent offense. The burden of proof lies with the prosecution to establish that the driver's actions meet the legal definition of reckless driving, and the final determination of guilt is made by a judge or jury.