Alaska Reckless Driving

Drivers face $1,000 in fines, one year in jail, suspension of driver’s license, and 10 demerit points if convicted of a reckless driving misdemeanor.
Written by Pat Roache
Reviewed by Jessica Barrett
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Reckless driving in the state of Alaska is criminally punishable by fines up to $1,000, potential jail time up to a year, license suspension, and 10 points added to your driving record.
Whether you’re operating a car or a snowmobile, Alaska drivers are expected to uphold a standard of care and safe driving practices. When a driver loses sight of those practices or chooses to ignore them, they can be charged under the large umbrella term of reckless driving.
Reckless driving can create long-lasting consequences for your Alaska driving record and insurance rates, so it’s important to know your state’s specific laws.
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How does Alaska define reckless driving?

Alaska statute AS 28.35.400 defines reckless driving as driving “in a manner that creates a substantial and unjustifiable risk of harm to a person or to property.”
Substantial and unjustifiable risk demonstrates a gross deviation from a reasonable person’s standard for conduct. Risks that constitute reckless driving include the following examples:
  • Excessive speeding in all road conditions
  • Road rage
  • Aggressive tailgating
  • Ignoring stop signs and traffic signals
  • Passing a school bus when children are getting on or off
Under the umbrella of reckless driving, the state of Alaska also defines a lesser charge–negligent driving. Negligent driving is defined as driving “in a manner that creates an unjustifiable risk of harm to a person or to property.” 
An unjustifiable risk of harm, in this case, is defined as “a risk of such a nature and degree that a failure to avoid it constitutes a deviation from the standard of care that a reasonable person would observe in the situation.”

What is the difference between reckless driving and negligent driving?

The difference between reckless and negligent driving depends on the circumstances of the incident and the intentions of the driver.
A driver may have had fine intention when charged with negligent driving, but lacked the proper care and attention in a way that caused real risk. A driver charged with reckless driving demonstrated a foul intention or a lack of ethics that created substantial potential for risk.
Negligent driving is also dependent on proof that a person or property was endangered by the driving. Proof of negligent driving can be shown by one of the following:
  • An accident occurred 
  • A person involved (including the driver) took evasive action to avoid an accident
  • A person involved (including the driver) stopped or slowed down to avoid an accident
  • A person or property was otherwise endangered
Key Takeaway Reckless drivers disregard the safety of others by driving dangerously, while negligent drivers unintentionally endanger others by not showing proper care on the road.

What are the penalties for reckless driving in Alaska?

The conviction for reckless driving constitutes a misdemeanor in the state of Alaska and incurs penalties on both criminal and driving records.
A reckless driving misdemeanor is punishable by one or both of the following:
  • Fines up to $1,000
  • A prison sentence of up to one year
In addition to potential fines and prison sentences, reckless driving puts 10 points on your driving record and carries a minimum 30-day
license suspension
Repeat offenders could be looking at a minimum year-long suspension for second convictions or a minimum of three years for third convictions.

What are the penalties for negligent driving?

Negligent driving only counts as a legal infraction and does not carry criminal charges. Drivers charged with negligent driving only face fines up to $300. Infraction charges are protected from the following:
  • Imprisonment
  • Penal or criminal punishment
  • Suspension or loss of license or vehicle registration
With these protections, however, a driver charged with a negligent driving infraction does not have the right to a trial or court-appointed counsel.
Key Takeaway Reckless driving is punishable by up to $1,000 in fines, up to one year in prison, and a minimum 30-day license suspension. Negligent driving is only punishable by up to $300 in fines.
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How can I remove a reckless driving charge from my record? 

Reckless driving is a criminal charge and as such can only be removed from your criminal record by appealing the charges in court
You are entitled to defend yourself against incorrect or unjustified charges or penalties that are too harsh. It’s very common for drivers convicted of reckless driving to appeal for the lesser charge of negligent driving.
The points incurred by a reckless driving charge, however, will go away over time, and they can go away faster if you attend a
defensive driving course
. Points will be removed from your Alaska driving record over time in the following ways:
  • 2 points removed for every 12-month period without a new violation after your last conviction 
  • 1 point removed for every 12-month period you drove incident-free before the points are calculated (up to five years)
  • 2 points removed for every defensive driving course completed (limited to one course every 12 months)
Key Takeaway Try to appeal your charges for reckless driving in court. You may be able to get them reduced to a negligent driving infraction and avoid points on your driving record.

Will reckless driving make my insurance go up? 

Reckless driving has one of the greatest impacts on your insurance rates as far as violations and infractions are concerned. Drivers in the state of Alaska convicted of reckless driving see an average increase of $550 per year–that’s a 48% increase at the state level.
The best way to avoid a spike in your insurance rates is to keep a clean driving record by practicing
safe driving
. If you’ve already been charged with reckless driving, investing once in a good lawyer could save you from years of paying higher insurance rates. Otherwise, you’ll just have to wait and work for points to be removed to get a
clean driving record
.
MORE: How to get car insurance with a bad driving record

How to find affordable car insurance in Alaska

Most likely, if you are convicted of reckless driving, your insurance premium will stay the same until it is time to renew. At that point, you’re going to see a big increase. Offset your rate spikes by using the
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Jerry is the easiest and most effective way to find a car insurance policy that is customized for you. As a
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, Jerry will handle the phone calls, paperwork, and renewals for your top pick so that you don’t have to. 
Jerry users save an average of $887 a year on car insurance. No matter what your driving record looks like, Jerry is here to help.
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FAQs

No. Reckless driving in the state of Alaska is charged as a misdemeanor. However, reckless drivers who cause injury, destruction, or death could face felony charges.
The points caused by a reckless driving conviction could be removed in as little as two years, if you had a good driving record before the incident, if you successfully
practice safe driving
, and if you
attend defensive driving courses
.
Any operating vehicle in the state of Alaska is expected to follow reckless driving laws for personal and commercial use. However, automobiles, snowmobiles, motorcycles, or other motor vehicles involved in legal races or exhibition events will not be charged with reckless driving.
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