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 Rhode Island, reckless driving is a serious traffic offense that is defined under Rhode Island General Laws Section 31-27-4. The law states that any person who drives a vehicle recklessly, or in a manner that indicates a willful or wanton disregard for the safety of persons or property, is guilty of reckless driving. This includes behaviors that inherently pose a significant risk of harm, such as excessive speeding or street racing. In certain circumstances, such as driving more than 30 miles per hour over the speed limit, the behavior may be considered 'reckless driving per se,' meaning that the conduct is automatically deemed reckless without the need for additional evidence of recklessness. Law enforcement officers in Rhode Island have the discretion to issue citations for reckless driving, and prosecutors have the discretion to bring charges. Ultimately, it is up to a judge or jury to determine whether the prosecution has met its burden of proof to convict the driver of reckless driving. Penalties for reckless driving in Rhode Island can include fines, license suspension, and even imprisonment, depending on the severity of the offense and the driver's record.