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 New Jersey, reckless driving is addressed under N.J.S.A. 39:4-96, which defines reckless driving as driving a vehicle 'heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property.' This broad definition allows for a range of driving behaviors to be considered reckless. For instance, excessive speeding or street racing could fall under this category. The statute does not specify a certain speed over the limit to constitute reckless driving per se, but such behavior could be interpreted as reckless by law enforcement and the courts. Penalties for reckless driving in New Jersey can include imprisonment, fines, and points on the driver's license. The prosecution must prove that the driver acted with the requisite disregard for safety to secure a conviction. Both law enforcement and prosecutors have discretion in issuing citations and pursuing charges, while judges or juries have the final say in determining guilt based on whether the prosecution has met its burden of proof.