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 Arizona, reckless driving is a criminal offense defined under Arizona Revised Statutes § 28-693. The law states that a person commits reckless driving by operating a vehicle with 'reckless disregard for the safety of persons or property.' This means that the prosecution must prove that the driver willfully drove in a manner that showed indifference to the potential harm to others or to property. Arizona law also recognizes certain behaviors as reckless driving per se. For example, excessive speeding—such as driving more than 35 miles per hour over the posted speed limit—can automatically be considered reckless driving. Law enforcement officers and prosecutors have discretion in issuing citations and pursuing charges, but ultimately, a judge or jury must decide if the prosecution has met its burden of proof to convict the driver of the offense. Penalties for reckless driving in Arizona can include fines, jail time, and license suspension, and the offense can be charged as a misdemeanor or felony depending on the circumstances and whether it is a repeat offense.