PC §701 - RECKLESS DRIVING
CLASS D MISDEMEANOR
(a) Definition
Reckless driving is the operation of a motor vehicle with willful or wanton disregard for the safety of persons or property.
(b) Elements of the Offense
The following elements must be met to constitute reckless driving:
The defendant operated a motor vehicle on a public roadway.
The defendant's actions demonstrated a willful or wanton disregard for the safety of others or property.
The defendant's conduct posed a substantial and unjustifiable risk of harm.
Examples of Reckless Driving Behavior
(a) Reckless driving behavior may include, but is not limited to, the following:
Medium speeding or minor racing on public roads.
Ignoring traffic signals, signs, or other roadway markings.
Engaging in aggressive driving maneuvers such as weaving in and out of traffic.
Operating a vehicle under the influence of alcohol or drugs.
Texting or otherwise being distracted while driving.
Driving with a willful disregard for adverse weather or road conditions.
(c) Defenses
(a) It shall be a defense to a charge of reckless driving if the defendant can prove that their actions were not willful or wanton, or if they can demonstrate that they were coerced, misled, or otherwise not acting of their own free will.
(b) Lack of evidence of reckless driving behavior, such as witness testimony or physical evidence, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as excessive speed, impairment by alcohol or drugs, endangerment of others, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
OFFICERS DESCRETION ON IT BEING ARRESTABLE.
JAIL TIME
40 SECONDS OF JAIL TIME.
BOND SET
$4,000.00
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