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 New York, reckless driving is a serious offense codified under Section 1212 of the New York Vehicle and Traffic Law. It is defined as driving a vehicle 'in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.' The law requires that the behavior must be more than mere negligence; it must be done with a reckless disregard for the safety of others. New York does not have a 'reckless driving per se' statute where certain behaviors are automatically deemed reckless. Instead, each case is evaluated on its own facts and circumstances. The prosecution must prove that the driver acted with the requisite level of recklessness to secure a conviction. Penalties for reckless driving in New York can include fines, imprisonment, and points added to the driver's license, which can affect insurance rates and driving privileges. The decision to issue a citation is at the discretion of the officer, and the determination of guilt is ultimately made by a judge or jury, depending on whether the offense is treated as a criminal matter or a traffic infraction.