CARELESS & RECKLESS

In North Carolina, careless and reckless driving are two separate offenses, both related to unsafe driving behavior. They are treated seriously because they endanger public safety. Here’s what each term means under North Carolina law:

1. Careless Driving (N.C.G.S. § 20-140)

Careless driving is when a driver operates a vehicle without proper caution and without regard for the safety of others, but without the specific intent or knowledge to cause harm. It’s a less severe offense than reckless driving but still involves negligent or inattentive driving.

Example: Driving too fast for road conditions, not paying attention, or making an unsafe lane change without proper signaling.
Penalties: Careless driving is a Class 2 misdemeanor in North Carolina, which can result in fines, up to 30 days in jail(though jail time is uncommon for a first offense), points on your driving record, which can lead to increased insurance premiums or possible suspension of your license after accumulating too many points.

2. Reckless Driving (N.C.G.S. § 20-140)

Reckless driving involves willfully or wantonly disregarding the safety of others on the road. It is a more serious offense than careless driving and indicates a higher degree of negligence, with the driver showing a conscious disregard for the potential risks of their actions.

Key Elements:
The driver must be operating a vehicle in a manner that shows a willful disregard for the safety of others or the property of others. It can include actions such as excessive speeding, tailgating, weaving in and out of traffic, or engaging in street racing.
Example: Driving 40 miles per hour over the speed limit in a crowded area, running stop signs or red lights, or intentionally cutting off other drivers.
Penalties: Reckless driving is classified as a Class 1 misdemeanor, which can result in fines, up to 120 days in jail(although jail time is not mandatory for first-time offenders), points added to your driving record, possible license suspension, and/or increased insurance rates.

Key Differences:

Careless driving refers to a lack of attention or due caution but not necessarily a willful disregard for safety.
Reckless driving implies intentional or conscious disregard for safety, showing more deliberate risky behavior.
Both offenses are serious and can lead to severe legal consequences, including fines, jail time, and the suspension of driving privileges. If charged with either, it’s wise to consult an attorney for guidance.