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 Connecticut, reckless driving is defined under Connecticut General Statutes Section 14-222 as operating a vehicle on any public highway of the state, or any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a parking area for ten or more cars, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a, or upon any school property, at a rate of speed greater than is reasonable, with regard to the width, traffic and use of the highway, road, school property or parking area, the intersection of streets, and in any event at a rate of speed such that it endangers the life of any person other than the operator of the motor vehicle, or the property of any person. A person found guilty of reckless driving can be fined and/or imprisoned, and the offense also carries motor vehicle license consequences. The statute provides a clear definition of what constitutes reckless driving, and certain behaviors, such as driving at an excessive speed, may inherently meet this definition. The discretion to issue a citation and prosecute the charge lies with law enforcement and the prosecutor, while the judge or jury has the discretion to determine if the prosecution has met its burden of proof for a conviction.