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 Pennsylvania, reckless driving is defined under Title 75, Section 3736 of the Pennsylvania Consolidated Statutes. The law states that any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. This offense is considered a summary offense and carries penalties that may include fines, imprisonment, and a driver's license suspension. Pennsylvania law does not specifically define certain behaviors as reckless driving per se, but actions such as excessive speeding or street racing could be interpreted as demonstrating a willful or wanton disregard for safety, thus qualifying as reckless driving. The discretion to issue a citation for reckless driving lies with the police officer, and the decision to prosecute is with the district attorney. If the case goes to court, it is up to the judge or jury to determine if the prosecution has met its burden of proof to convict the driver. The penalties for reckless driving in Pennsylvania are more severe than for some other traffic violations, reflecting the serious nature of the offense.