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 Virginia, reckless driving is a criminal offense and is defined under Virginia Code § 46.2-862 as driving a vehicle on any highway recklessly or at a speed that endangers the life, limb, or property of others, or driving at a speed of 20 miles per hour or more over the applicable maximum speed limit or over 85 miles per hour regardless of the speed limit. This means that certain behaviors, such as speeding in excess of 80 mph or 20 mph above the speed limit, are considered reckless driving per se, and no further proof of recklessness is required for a conviction. Reckless driving in Virginia is a Class 1 misdemeanor, which can result in penalties including fines, driver's license suspension, and even jail time. The decision to issue a citation and prosecute is at the discretion of the officer and the prosecutor, while the determination of guilt is up to the judge or jury, who must decide if the prosecution has met its burden of proof.