Reckless driving is defined in Utah in 2 different ways 41-6a-528
A person is guilty of reckless driving who operates a vehicle:
a) in willful or wanton disregard for the safety of persons or property; or
b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous period of driving covering three miles or less in total distance.
There are certain law enforcement agencies that take the position that driving in excess of 100 mph is willful or wanton as defined in this section. That position is, in our view, misguided. In some parts of our state, 101 mph is only 21 mph over the speed limit. Whereas driving 49 in a residential area is 24 miles over the speed limit. Which one is worse in your view? On a freeway, 21 mph over the limit is almost the norm. In a residential area, that is dangerous and disregards the safety of others.
The difference between a speeding ticket of 21 mph over the limit, versus a reckless driving, is significant. For 21 mph over the limit, you are looking at an infraction for which a fine is due. For reckless driving, the court can fine you $1500 and put you in jail for up to 6 months! Understandably your insurance company will also take a much more severe look at reckless driving as compared to a speeding ticket.
Now, what qualifies as three or more moving traffic violations? It can be as simple as speeding + following too close + changing lanes without using a signal. Basically, put any three moving violations in a series of 3, and you get a reckless driving charge. If you only commit 2 moving violations in a series, that qualifies as careless driving.
We have successfully converted many a reckless or careless driving citation into a speeding ticket. There is a good chance we can do the same for you. Call Jardine Law Offices, P.C. today so we can begin working on your case.
