. The penalties may include jail time, up to $1,000 in fines, and six penalty points added to your driving record. The Motor Vehicle Divison reserves the right to suspend any driver's license for up to 90 days following the charge.

Most drivers know that going over the legal speed limit can get you a ticket. However, if you're going a significant amount over the legal speed limit, that speeding ticket could result in a reckless driving charge, which can encompass multiple violations into one.

This charge is hefty, can bring severe repercussions, and can stay on your driving record for years.

How does New Mexico define reckless driving?

According to the New Mexico Statutes Section 66-8-113, reckless driving is defined as driving “carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.”

At first glance, it may seem unclear what reckless driving is, so here are some of the most common driving behaviors that could be classified as reckless driving in New Mexico:

Speeding more than 20 mph above the posted speed limit

Speeding more than 80 mph

Driving while intoxicated

Swerving in and out of lanes

Striking or nearly striking pedestrians

Driving in the wrong direction

Ultimately, the decision of whether or not a moving violation constitutes a reckless driving charge is at the discretion of local law enforcement officers.

What are the penalties for reckless driving in New Mexico?

New Mexico classifies a reckless driving charge as a misdemeanor, which can end up on your criminal record and your driving record. Here are some of the penalties you may have to face if you get a reckless driving charge in New Mexico.

For a first time offense, you may be subject to the following:

Imprisonment: 5 to 90 days

Fines: $25 to $100

If this is your second or subsequent conviction, you could end up with:

Imprisonment: 10 days to 6 months

Fines: $50 to $1,000

The New Mexico Motor Vehicle Division (MVD) has the right to suspend the license of any driver convicted of reckless driving for up to 90 days. You also may be subject to six demerit points being added to your New Mexico driving record.

Key Takeaway Reckless driving constitutes more than going over the speed limit. If your driving poses a threat and could endanger others on the road, including pedestrians, you could be facing a reckless driving charge.

How can I remove a reckless driving charge from my record?

Unlike other moving violations, a reckless driving charge is considered a criminal charge—so you can't just pay off the fine and move on. You may have to appear in court to plead your case, where you may be sentenced to jail time or fines, sometimes even both.

New Mexico law requires that the state keep a record of points for one year from the violation date. Usually, if you can go a full 12 months without a violation, the points will be automatically removed.

If you're able to plead your case and have the charges reduced or dropped, you may be able to remove the blemish from your record sooner.

Because of the nature of the charge, it can be challenging to get your charges reduced

In New Mexico, most cases are resolved through a favorable plea bargain which can help reduce the charges and possibly produce a milder sentence

It's best to verify this with a legal expert before you do anything to ensure that you are aware of the charges and how to reduce their severity.

MORE:

How do driver violation points affect your insurance rates?

Will reckless driving make my insurance go up?

A reckless driving violation can significantly affect your

car insurance premium

. After a citation is issued, chances are, your rates have the potential to increase by 50%, or $676 a month.

You'll also probably require an

SR-22 certificate

for the next few years. Not every insurance company will file one for you, so you'll need to ask your insurer whether they can help.

Although you cannot take a defensive driving course to eliminate points off your record in New Mexico, taking a course could help you save in the long run. Many insurance providers may provide you with a discount if you prove that you've successfully taken and passed a defensive driving course.

Another way to ensure your record stays clean is by keeping track of your

driver's license points

. Disputing any minor violations is a great way to ensure your record is in good shape and avoid a significant increase in your insurance rates.

MORE: How to get car insurance with a bad driving record

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FAQs

Can you go to jail for reckless driving in New Mexico?

Yes, you could face a jail sentence for reckless driving in New Mexico. For a first-time offense, you could be subject to 5 to 90 days in jail. If it's a second or subsequent offense, you could face 10 days to 6 months.

What is the minimum penalty for reckless driving in New Mexico?

The minimum penalty is a $25 fine for a first offense or $50 for a second or subsequent offense. Keep in mind that fines can go up to $100 or $1,000 depending on the severity of the violation.

What's the difference between reckless driving and careless driving?

In New Mexico, careless driving is defined as a person who operates a vehicle in a "careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions." A good rule of thumb is that reckless driving constitutes operating a car in a way that is obviously dangerous, whereas careless driving might be more subtle and/or unintentional.

Both are considered misdemeanors, and if you are convicted with a careless driving charge, you could face up to 90 days in jail, a possible fine of up to $300, and three points added to your driving record.

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