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 South Dakota, reckless driving is defined under SDCL 32-24-1 as driving any vehicle with a willful or wanton disregard for the safety of persons or property. This broad definition allows for a range of driving behaviors to be classified as reckless driving, depending on the circumstances. South Dakota law also specifies certain actions that are considered reckless driving per se, such as street racing or exceeding the speed limit by a specified amount, which can lead to immediate charges without the need for additional evidence of recklessness. Law enforcement officers have the discretion to issue citations for reckless driving, and prosecutors decide whether to bring charges. Ultimately, it is up to a judge or jury to determine if the prosecution has met its burden of proof to convict the driver of reckless driving, which is a Class 1 misdemeanor in South Dakota. Penalties for a conviction can include fines, imprisonment, and driver's license suspension.