“I must have been going too fast” is frequently the first thought that comes to mind when a driver receives a citation for reckless driving.
However, speed is insufficient under Maryland law to support a conviction for reckless driving.
Knowing this difference can mean the difference between a criminal charge and a far less serious consequence.
What the Law Really Demands
Maryland Transportation Code Section 21-901.1 governs reckless driving in the state. Reckless driving is not defined by the statute as just going over the speed limit.
Rather, evidence indicating the driver drove a car with a:
“willful or wanton disregard for people’s or property’s safety”
Compared to just driving quickly, this is a higher legal criterion. It emphasizes driving style rather than just the speedometer reading.
Why Speed Is Inadequate on Its Own
High speeds—80, 90, or even 100 mph—are involved in several cases. However, Maryland courts have generally acknowledged that in order for speeding to qualify as reckless driving, it must be accompanied by other risky behavior.
For instance, a motorist speeding on:
When the weather is clear and there is no traffic around, an empty highway
might not be behaving with “wanton or willful disregard.”
Conversely, driving recklessly is more likely when speed is coupled with:
disobeying traffic signals, tailgating, aggressively changing lanes, swerving through traffic, or posing a direct threat to other people.
The Distinction Between Careless and Reckless Driving
Maryland Transportation Code Section 21-901.2 makes a crucial distinction between careless and dangerous driving.
Driving recklessly necessitates a deliberate or willful disregard for safety.
Driving carelessly or imprudently is referred to as negligent driving.
This distinction is significant because
Six points and serious insurance repercussions are associated with reckless driving.
One point (or none if it’s a smaller variation) is awarded for careless driving.
If the evidence demonstrates speed but not actual recklessness, a charge of reckless driving may often be reduced to negligent driving.
How the Court Makes Decisions in These Cases:
The following factors frequently determine the outcome in Maryland traffic court:
The driver’s activities beyond speed, the road and traffic conditions, the officer’s description of the driving behavior, and the total risk the conduct caused.
Even if a driver exceeds the speed limit by a considerable amount, judges are not obligated to declare reckless driving.
Useful Takeaways
If your speed is the main factor used to charge you with reckless driving:
Don’t assume that the charge is inevitable or automatic.
Examine carefully if the State can demonstrate more than merely speed.
Recognize that driving conduct, traffic, and road conditions all have an impact.
The Final Score
Although it is not the legal requirement, speed is frequently the starting point in cases involving reckless driving.
In order to establish reckless driving in Maryland, the State needs to provide additional evidence:
a deliberate disregard for safety, not just an instance of driving too fast.
That differential is crucial, and it frequently has the power to completely alter the result.
