Reckless Driving Laws by Attorney Mark Stevens

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Recklesss Driving Laws by Attorney Mark Stevens 1-603-893-0074

This page is about New Hampshire reckless driving and "driving to endanger" laws and reckless driving penalties. This lens is an introduction to "reckless driving" and "reckless operation" laws. These are also known as "reckless operation" laws in some states. Some states have other names for this, like Maine's "driving to endanger". This lens is edited by Salem, New Hampshire criminal defense lawyer Mark Stevens 1-603-893-0074.

Have you been arrested for reckless driving or negligent driving in New Hampshire? Reckless driving charges carry a mandatory minimum 60 day license loss and a minimum $500.00 fine on a first offense in New Hampshire. If you have been arrested for reckless driving or any other major motor vehicle violation in New Hampshire, call for your free initial consultation and case evaluation for your DWI, DUI, OUI or boating while intoxicated case:

Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074


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If you have been arrested in the state of New Hampshire for any type of criminal charges call Attorney Mark Stevens, he will know what to do! Case Evaluations and Consultations are always free of charge. Call us 24/7 at 603-893-0074. We look forward to speaking with you!
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Attorney Mark Stevens Appearing in Newsweek Magazine

Attorney Stevens Appears in the November 21, 2011 Edition of Newsweek

New Hampshire Attorney Mark Stevens in Newsweek Magazine

New Hampshire lawyer Mark Stevens is among the 8 Criminal Defense Attorneys nationally to be featured in Newsweek magazine in the November 21, 2011 edition. If you have been arrested in New Hampshire for DWI or any other crime call Attorney Mark Stevens today at 1-603-893-0074 for a free consultation.

New Hampshire Marijuana Defense Lawyer Mark Stevens 1-603-893-0074

New Hampshire marijuana laws

If you have been arrested for possession of marijuana, possession of marijuana with intent to distribute, transportation of controlled drugs or other marijuana charges, or driving under the influence of a controlled drug, call New Hampshire criminal defense attorney Mark Stevens today at 1-603-893-0074 for a free intial consultation. Here is a video explaining the harsh New Hampshire marijuana laws.

If you get arrested for DWI pr aggravated DWI alleging that you are under the influence of controlled drugs, even your own prescription medications, you are facing the same penalties as if you got convicted for driving drunk. A copy of the New Hampshire DWI first offense penalties and New Hampshire Aggravated DWI penalties are listed below.
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New Hampshire Reckless Driving Law

RSA 265:79

Here is New Hampshire's 2010 version of its Reckless Driving Law:

RSA 265:79 (2010)

265:79 Reckless Driving; Minimum Penalty.

Whoever upon any way drives a vehicle recklessly, or causes a vehicle to be driven recklessly, as defined in RSA 626:2, II(c), or so that the lives or safety of the public shall be endangered, or upon a bet, wager, or race, or who drives a vehicle for the purpose of making a record, and thereby violates any of the provisions of this title or any rules adopted by the director, shall be, notwithstanding the provisions of title LXII, guilty of a violation and fined not less than $500 for the first offense and $750 for the second offense nor more than $1,000 and his or her license shall be revoked for a period of 60 days for the first offense and from 60 days to one year for the second offense.

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Please leave comments here...

  • attorneys001 Apr 16, 2012 @ 8:55 am | delete
    It's always soothing for the years to listen Mark Stevens speak and feels nice to read his articles.Nice lens.Very informative.
  • padualaw Nov 19, 2011 @ 12:04 pm | delete
    Article is very much in detailed, I like it.. Thumbs up for the good work..
  • Tipi Aug 29, 2011 @ 3:03 pm | delete
    For warned is for armed and again it seems like the average citizen is not prepared with enough knowledge to handle things themselves...'zip' and get a lawyer!
  • Nedwuij Nov 26, 2010 @ 9:53 am | delete
    how long can they take away your license fro reckless driving?
  • ByeByeDWI Dec 23, 2010 @ 8:56 am | delete
    Hello. The answer to your question in New Hampshire is a 60 day loss of license or operating privileges for a first offense; 60 days up to a year license loss or loss of operating privielges on a second or subsequent offense. RSA 265:79 is the statute if you would like to refer to it. It is posted below.
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Reckless Driving Laws Link List

New Hampshire Reckless Driving Laws. Links to relevant legal sites regarding reckless driving and reckless operation laws and consequences.
New Hampshire Criminal Defense Attorney Mark Stevens
New Hampshire reckless driving laws. Salem, New Hampshire criminal defense and DWI defense attorney Mark Stevens' web site.
New Hampshire Lawyer Mark Stevens' Twitter Page
Salem, New Hampshire criminal defense lawyer Mark Stevens' twitter page @byebyedwi .
California Criminal Defense Attorney Mary Conn
California DUI laws. California Attorney Mary Conn defends people accused of reckless driving, DUI and criminal charges.
Colorado-Denver Criminal Defense Lawyer Jay Tiftickjian
Denver Criminal Defense Lawyer Jay Tiftickjian
Florida Reckless Driving Lawyer
Florida criminal defense lawyer Larry Sandefer represents clients throughout thje state of Florida on reckless driving charges as well as DUIs.
Georgia Reckless Driving Lawyer John McCaffery
Georgia criminal defense lawyer John McCaffery's website.
Indiana Reckless Driving Defense Lawyer Paul Stanko
Indiana criminal defense lawyer Paul Stanko's informative website.
Louisiana Defense Attorney Michael Colagero
Louisiana reckless driving and criminal defense lawyer Michael Colagero's website.
Maine Reckless Driving Lawyers
Attorneys Matthew Nichols and John Webb represent drivers accused of driving to endanger, reckless driving and OUI in Maine.
New Hampshire DWI Laws
New Hampshire DWI laws is a legal information page about New Hampshire DWI laws and related laws. Curated by Salem, New Hampshire Attorney Mark Stevens 1-603-893-0074
Virginia Reckless Driving Laws
Virginia reckless driving laws and motor vehicle laws.

What does "Reckless" Mean Under the Reckless Driving Law Any Way?

New Hampshire's "Reckless" Definitions

type=textUnder New Hampshire law, "reckless" is defined in RSA 265:79, "Reckless Driving; Minimum Penalty", as:

"... as defined in RSA 626 2 II (c), or so that the lives and safety of the public shall be endangered, or upon a bet, wager, or race, or who drives a vehicle wirth the purpose of making a record..."

RSA 626:2 II (c ) defines "recklessly" as follows: "A person acts recklessly with respect to a material element of an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.; The risk must be of such a nature and degree that, considering the circumstances known to him, its disregard constitutes a gross deviation from the conduct that a law-abiding person would observe in the situation..."

Lawyer Up & Shut Up!

NH Criminal Defense Attorney Mark Stevens

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ZIP IT !!!!

New Hampshire Attorney Mark Stevens

New Hampshire DWI lawyer, Mark Stevens, explains how to respond when the cops want to question you about an alleged crime. The police will usually ask you questions right before they arrest you for DWI or for any other criminal charges, in which case you need to "Zip It!"

Call the Law Offices of Mark Stevens at 1-603-893-0074 for a free consultation.
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California's Reckless Driving Laws and "Wet Reckless Laws"

Contributed by California Criminal Defense Attorney Mary Conn

V C Section 23103 Reckless Driving
23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.
Amended Sec. 19, Ch. 739, Stats. 2001. Effective January 1, 2002.
Amended Sec. 16, Ch. 682, Stats. 2007. Effective January 1, 2008.
Wet Reckless V C 23103.5
1. Counts as a prior conviction if convicted again within 10 years.
2. Insurance companies treat it as a California DUI.
A "dry" reckless is also an occasional disposition in a DUI. Where "dry" reckless is the disposition, there need not (and must not) be compliance with 23103.5. That's because the separate offense of reckless driving could have been charged in the first place. Therefore it's not a satisfaction or substitution (23103.5) for a drunk driving charge.
A "dry" reckless conviction results where a charge of violation of 23103 is simply added to the complaint as an offense that could have been charged originally, the defendant pleads guilty to it, and the DUI charge is dismissed.
To be certain that the conviction will not become a DUI sentence enhancement in the future, be sure to state that the conviction is understood by all to be "not in accordance with 23103.5". And be sure the clerk understands that Disposition Code "R" does not go on the abstract sent to the DMV.
WET RECKLESS PENALTIES
Approximately 17 years ago, the legislature created a new statute known as "wet reckless" - reckless driving that is related to alcohol (Vehicle Code Section 23103.5). It is a bazaar fiction that there is no requirement that there is any reckless driving. The legislature's purpose was to encourage plea bargains in close cases - giving defendants a reason to plead guilty and yet giving to government a way to get convictions. The following are the approximate usual penalties imposed for cases reduced from a DUI to a "wet reckless" (as of March 1999):
$600 - 1,200.00 in fines;
three years of "informal probation"

Colorado Reckless Driving Law

Submitted by Colorado Criminal Defense Lawyer Jay Tiftickjian

Colorado
C.R.S. 42-4-1401. Reckless driving - penalty.
(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of section 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment.

Florida Reckless Driving Law

Contributed by Florida Defense Attorney Larry Sandefer

Florida Statutes Annotated Currentness
Title XXIII. Motor Vehicles (Chapters 316-325)
Chapter 316. State Uniform Traffic Control (Refs & Annos)
Current selection 316.192. Reckless driving

(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.

(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:

(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.

(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

(c) Who, by reason of such operation, causes:

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.

(5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the person's driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program.

Georgia Reckless Driving Laws

Submitted by Atlanta, Georgia Criminal Defense Attorney John McCaffery

Title 40. Motor Vehicles and Traffic
Chapter 6. Uniform Rules of the Road
Article 15. Serious Traffic Offenses
§ 40-6-390. Reckless driving

(a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the of-fense of reckless driving.

(b) Every person convicted of reckless driving shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment, provided that no provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation.

Illinois "Reckless Driving Laws" and "Aggravated Reckless Driving Laws"

Submitted by Chicago DUI Defense Attorney Donald Ramsell

Chapter 625. Vehicles
Act 5. Illinois Vehicle Code (Refs & Annos)
Chapter 11. Rules of the Road (Refs & Annos)
Article V. Driving While Intoxicated, Transporting Alcoholic Liquor, and Reckless Driving
5/11-503. Reckless driving; aggravated reckless driving

§ 11-503. Reckless driving; aggravated reckless driving

(a) A person commits reckless driving if he or she:

(1) drives any vehicle with a willful or wanton disregard for the safety of persons or property; or

(2) knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.

(b) Every person convicted of reckless driving shall be guilty of a Class A misdemeanor, except as provided under subsections (b-1), (c), and (d) of this Section.

(b-1) Except as provided in subsection (d), any person convicted of violating subsection (a), if the violation causes bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of a Class 4 felony.

(c) Every person convicted of committing a violation of subsection (a) shall be guilty of aggravated reckless driving if the violation results in great bodily harm or permanent disability or disfigurement to another. Except as provided in subsection (d) of this Section, aggravated reckless driving is a Class 4 felony.

(d) Any person convicted of violating subsection (a), if the violation causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of aggravated reckless driving. Aggravated reckless driving under this subsection (d) is a Class 3 felony.

Indiana Rckless Driving Law

Submitted by Attorney Paul Stanko

IC 9-21-8-52
Reckless driving; passing a school bus with extended stop arm; penalty; license suspension
Sec. 52. (a) A person who operates a vehicle and who recklessly:
(1) drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed under the circumstances as to:
(A) endanger the safety or the property of others; or
(B) block the proper flow of traffic;
(2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed for a distance of less than five hundred (500) feet ahead;
(3) drives in and out of a line of traffic, except as otherwise permitted; or
(4) speeds up or refuses to give one-half (1/2) of the roadway to a driver overtaking and desiring to pass;
commits a Class B misdemeanor.
(b) A person who operates a vehicle and who recklessly passes a school bus stopped on a roadway when the arm signal device specified in IC 9-21-12-13 is in the device's extended position commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if it causes bodily injury to a person.
(c) If an offense under subsection (a) or (b) results in damage to the property of another person or bodily injury to another person, the court shall recommend the suspension of the current driving license of the person for a fixed period of:
(1) not less than thirty (30) days; and
(2) not more than one (1) year.
As added by P.L.2-1991, SEC.9. Amended by P.L.127-1993, SEC.1; P.L.1-2005, SEC.103; P.L.70-2009, SEC.3.

Louisiana Reckless Driving Law

Submitted by Louisiana Defense Attorney Michael Colagero

LSA - R.S. 14:99
§99. Reckless operation of a vehicle
Reckless operation of a vehicle is the operation of any motor vehicle, aircraft, vessel, or other means of conveyance in a criminally negligent or reckless manner.
Whoever commits the crime of reckless operation of a vehicle shall be fined not more than two hundred dollars, or imprisoned for not more than ninety days, or both.
On a second or subsequent conviction the offender shall be fined not less than twenty-five not more than five hundred dollars, or imprisoned for not less than ten days nor more than six months, or both.

Maine's Driving to Endanger Law

Contributed by Maine Defense Attorney John Webb

Title 29-A. Motor Vehicles
Chapter 23, Major Offenses-Suspension and Revocation
Subchapter 2. Judicial Actions
Article 1. Offenses
29-A M.R.S.A. § 2413
§ 2413. Driving to endanger

1. Definition. A person commits a Class E crime if, with criminal negligence as defined in Title 17-A,1 that person drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven.

1-A. Aggravated punishment category. Notwithstanding subsection 1, a person commits a Class C crime if, with criminal negligence as defined in Title 17-A, section 35, that person drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven, and causes serious bodily injury, as defined in Title 17-A, section 2, subsection 23, to another person.

2. Allegation of facts. In pleading under this section, it is not necessary to allege specifically the facts that constitute criminal negligence.

3. Penalties. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1 for not less than 30 days nor more than 180 days, which minimum may not be suspended. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1-A for not less than 180 days nor more than 2 years, which minimum may not be suspended. If the court fails to suspend the license, the Secretary of State shall impose the minimum period of suspension. The court shall impose a sentencing alternative that involves a fine of not less than $575, which may not be suspended.

4. Exception. This section does not apply to the operation of a vehicle:

A. In racing events and exhibitions at which the public does not have access to the operating area; or

B. On private land to which the public does not have access when used by or with authorization of the landowner.

5. Notice. The court shall give notice of the suspension and take physical custody of a driver's license as provided in section 2434.

Thank you to Attorney John Webb of Nichols and Webb for submitting this statute

New York's Reckless Driving Laws

Submitted by New York Defense Attorney Seth Kurs

9:4-96 Reckless driving; punishment

39:4-96. A person who drives 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, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.
On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both.
Amended 1955,c.220,s.1; 1982,c.45,s.3; 1995,c.70,s.2.

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Busted for reckless driving in New Hampshire? Call Attorney Mark Stevens today for your free New Hampshire DWI or reckless driving case consultation at 1-603-893-0074.
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No License Loss is Really "Automatic"

Call Attorney Mark Stevens Today-Free Consultation 1-603-893-0074.

New Hampshire DWI laws and New Hampshire license suspension laws. Fight your suspension. Call Salem, New Hampshire lawyer mark Stevens at 1-603-893-0074.
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The Law Offices of Mark Stevens

Salem, NH Attorney Mark Stevens

Call Attorney Mark Stevens today at 1-603-893-0074 for a free consultation regarding your New Hampshire DWI or other New Hampshire criminal charges.

New Hampshire DWI Lawyer Mark Stevens' Blog

Salem, New Hampshire Lawyer Mark Stevens 1-603-893-0074 Free Consultation

New Hampshire DWI laws. Reckless driving laws, operating after suspension laws.
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Carry New Hampshire Attorney Mark Stevens' Card at All Times!

Call Today for Free Consultation 1-603-893-0074

This video encourages every one to carry my card at all times. Call Mark Stevens today at 1-603-893-0074 for a free consultation. New Hampshire DWI laws.
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NH Lawyer Mark Stevens & Maine Attorney John Webb on WCCM Radio AM 1110

Call New Hampshire Lawyer Mark Stevens Today 1-603-893-0074

Salem, New Hampshire DUI-DWI defense lawyer Mark Stevens and Maine OUI defense attorney discuss proposed New Hampshire House Bill 546 that would make hand held cell phone use illegal while driving in New Hampshire. Listen as Attorney Stevens and Attorney Webb discuss their concerns with the controversial aspects of this law, including the legislators trying to give the cops permission to seize and search your phone without a warrant!
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A Practical Guide to Trying DWI Cases in New Hampshire 

Esq., Editor Mark L. Stevens (Author)

A Practical Guide to Trying DWI Cases in New Hampshire

Amazon Price: $165.00 (as of 06/04/2012)Buy Now

* Edited and authored by both defense and prosecution counsel-some of New Hampshire's best practitioners.
* Packed with sample pleadings, direct and cross-examination dialogues, letters, checklists, cases, statutes, rules, and references-all in 10 informative chapters.