Careless Driving vs. Reckless Driving

[Guilty Or Not Guilty]

What is the difference?

[aaron]

In what state?

[Guilty Or Not Guilty]

State of Michigan.

[Fxston]

I am sure that aaron can give you the precise legal defintions, generally, reckless driving is when you do something purposely that creates an unnecessary and substantial risk of harm to somebody or something else. Careless driving is an unintentional/careless act that does the same. Usually careless driving is considered a catch-all offense or a substitute for any of the other moving violations except drunk driving and alike and reckless driving itself.

[blewis]

In WA, at least, "careless" driving is just a traffic infraction (non-criminal), while "reckless" driving is a criminal misdemeanor that can result in jail time along with any other monetary penalties. That's a HUGE difference.

Barry

[aaron]

A huge difference in Michigan (like Washington) is in the penalty. Careless driving is a civil infraction, whereas reckless driving is a misdemeanor.

A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction.

(1) A person who drives a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

[blewis]

That's actually a mild penalty compared to WA:

(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.

So, I guess the bottom line is: if you want to drive recklessly, do it in Michigan, not Washington. LOL.
Barry

[Litigator]

In Arkansas we have reckless driving, careless and prohibited driving, and most cities have an ordinance which is the lowest form of bad driving, usually designated as something like hazardous driving or unsafe driving. Ordinance violations are not turned into DMV so you can only imagine the push to get a charge reduced to an ordinance violation. Here, too, there is a big difference between the offenses regarding penalty and points and the distinction between the offenses concerns how bad the driving really is with the prosecutor having considerable discretion in deciding what charge to pursue.

[Fxston]

Careless driving is a civil infraction, whereas reckless driving is a misdemeanor.

That is good point that I missed.

[debra gaspard]

That's actually a mild penalty compared to WA: So, I guess the bottom line is: if you want to drive recklessly, do it in Michigan, not Washington. LOL.
Barry

can you be sentenced to commmmmmunity service? and do you get put on probation