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 West Virginia, reckless driving is defined under West Virginia Code §17C-5-3 as driving any vehicle upon any roadway or upon any controlled-access highway in willful or wanton disregard for the safety of persons or property. This definition encompasses a range of driving behaviors that could potentially endanger others. West Virginia law does not specify certain behaviors as reckless driving per se, unlike some other states that define specific actions, such as exceeding the speed limit by a certain amount, as inherently reckless. However, behaviors such as excessive speeding or street racing could still be considered reckless driving based on the circumstances and the officer's judgment. The charge of reckless driving in West Virginia is a misdemeanor, and if convicted, a person could face penalties including fines, imprisonment, and the suspension of their driver's license. The discretion to issue a citation and prosecute the charge lies with law enforcement and the prosecutor, while the determination of guilt is made by a judge or jury, who assess whether the prosecution has met its burden of proof.