The law that applies to your claim
🔴 A crime, not an infraction — VTL §1212
Reckless driving means operating in a manner that unreasonably interferes with the free and proper use of the highway, or unreasonably endangers users of it. It is a misdemeanor. Conviction carries up to 30 days in jail, a fine, 5 points, and a permanent criminal record.
What that record actually affects
Employment background checks, professional licensing, immigration consequences for non-citizens, and any position requiring a clean record. Unlike a speeding conviction, this does not simply age off your driving abstract — it is a criminal conviction.
The standard is vague, which cuts both ways
“Unreasonable interference” is not a speed or a specific act. It is frequently charged on an officer’s characterization of driving that could equally be described as an infraction — which is precisely where a defense begins.
How the charge usually arises
Very high speed, weaving through traffic, aggressive passing, racing, or a combination the officer viewed as a course of conduct rather than a single act. It is also frequently added on top of a speeding charge after a stop that became confrontational.
Because it is a misdemeanor, it proceeds as a criminal case — arraignment, appearances and a prosecutor — rather than as a ticket you can mail in.
The realistic objective
In most of these cases the goal is reducing the charge to a traffic infraction, so that what remains is points and a fine rather than a criminal conviction. Westchester and Rockland justice courts can negotiate that; a TVB county could not.
What is achievable turns on the facts, the driving record and the court. Anyone guaranteeing an outcome on a misdemeanor is not being straight with you.
Do not miss the appearance
This charge requires you to appear, and failing to do so on a misdemeanor is materially worse than missing a traffic date. If you have already missed it, deal with it immediately.
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
Will this show up on a background check?
A conviction will. That is the main reason to fight it rather than resolve it quickly.
I was only charged because I was speeding a lot.
Very high speed is commonly charged as both. Whether the conduct amounts to reckless driving as the statute defines it is a genuine question, not a formality.
Do I have to appear in court?
For a misdemeanor, generally yes at some stage. Counsel can handle much of it, and you will be told which dates require you.
