New York Reckless Driving Laws
A first-time reckless driving charge in New York can result in fines of up to $300, jail time, and five points added to your driving record.
Written by Andrea Barrett
Edited by Kianna Walpole
New York
state laws dictate that you will face hefty penalties if you’re charged with reckless driving. Penalties for a first-time offense include potential jail time, up to $300 in fines, and five points automatically added to your New York driving record
—and you’ll also see your car insurance rates spike.- Reckless driving in the state of New York includes excessive speeding, swerving, and driving under the influence.
- Penalties for reckless driving include fines, jail time, and points.
- Reckless driving is considered a misdemeanor in New York and stays on your driving record forever.
- You can find affordable New York auto insurance after a reckless driving conviction by comparing rates from multiple providers.
- Reckless driving in the state of New York includes excessive speeding, swerving, and driving under the influence.
- Penalties for reckless driving include fines, jail time, and points.
- Reckless driving is considered a misdemeanor in New York and stays on your driving record forever.
- You can find affordable New York auto insurance after a reckless driving conviction by comparing rates from multiple providers.
What is reckless driving in New York?
Under the New York Vehicle and Traffic Law, Section 1212, reckless driving is defined as “driving or using any motor vehicle in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.”
Although the law can be unclear about what constitutes reckless driving, this could encompass multiple violations simultaneously. Here are some examples of violations that could run the risk of becoming reckless driving charges:
- Speeding over 20 mph above the posted speed limit
- Speeding over 80 mph on any road
- Driving in the wrong direction
- Swerving in and out of lanes
- Striking or nearly striking pedestrians
- Crossing a police barricade
- Failing to stop at multiple stop signs
Although there are several examples of what constitutes reckless driving—like running a red light—the decision of whether or not a violation will be considered a reckless driving charge is ultimately left to the discretion of law enforcement officials.
Key Takeaway: Reckless driving is more complex than just exceeding the speed limit. Anything that poses a threat or endangers the safety of others on the road could count as reckless driving and all have similar outcomes and charges.
MORE: New York speeding ticket
Reckless driving penalties include fines and points
Whether you live in Bronx county, Queens, or Manhattan, New York state classifies reckless driving as a misdemeanor, making it a criminal offense—and a reckless driving charge will automatically add 5 demerit points to a motorist’s New York driving record.
Check out the table below for a breakdown of the penalties associated with a reckless driving violation in New York:
Penalty | First offense | Second offense | Third offense (within 18 months) |
|---|---|---|---|
Fine | $100 to $300 | $100 to $525 | $100 to $1,125 |
Jail time | Up to 30 days | Up to 90 days | Up to 180 days |
Surcharge | $88 or $93 | $88 or $93 | $88 or $93 |
Points | 5 points | 10 points | 15 points |
A judge or the Department of Motor Vehicles (DMV) also reserves the right to
suspend your license
in exceptional circumstances. But luckily, you won’t need an SR-22 in New York
to reinstate your driver’s license if it’s suspended.In addition to the penalties listed above, drivers convicted of six or more points worth of violations within 18 months will face a fine called the Driver Responsibility Assessment fee (DRA). This comes in addition to the surcharges and fines associated with the traffic ticket and is paid directly to the New York DMV.
The DRA is $300 plus an additional $75 for each point after six. Since reckless driving adds 5 points to your driving record, you only need one additional moving violation, and you’ll be on the hook for the DRA. At this point, it might be best to also consult a criminal defense attorney.
A reckless driving charge will go on your driving record
Not only are you subject to fines, jail time, and other fees, but a New York reckless driving charge is considered a misdemeanor offense, meaning it will hit your permanent criminal record and New York driving record.
Typically, reckless driver violations remain on your driving record for up to three years, but since reckless driving is considered a misdemeanor in New York, it will stay on your legal record forever.
However, once the 18-month period has passed from the violation date and assuming no other traffic infractions are on your record, the points from the reckless driving conviction will no longer count towards your total.
But that doesn’t mean they’ll be removed after the 18 months are up. The points will remain on your record for as long as the conviction is on your legal record.
Want to knock your points off? Your best bet for removing a reckless driving charge from your record is to avoid getting any further major traffic violations. You can do this by practicing
safe driving
in New York City (NYC), disputing minor violations, and keeping track of how many points you’ve accumulated.Reckless driving means high insurance costs
Unfortunately, the penalties for reckless driving don’t stop there—they also extend to your New York car insurance. Because of the nature of the charge, you can expect that a reckless driving charge will have an enormous impact on your
car insurance
premium.After a citation for reckless driving, the average New York driver sees a rate increase of 57% or $961 monthly.
A reckless driving charge can easily make finding affordable car insurance challenging. The best way to reduce rates is by practicing safe driving habits and following local traffic laws to avoid getting fined in the first place. You can also consider enrolling in a
defensive driving course
to help reduce your premium.But if you need assistance finding the right insurer,
Jerry
has your back. As a licensed broker app, Jerry helps you compare rates from 50+ top insurance providers to help you find the cheapest high-risk car insurance
in seconds—hassle-free. FAQs
How fast is reckless driving in New York?
There is no formal speed that’s considered reckless driving in New York. Excess speed combined with other factors can be grounds for a reckless driving conviction. That said, police officers will generally issue a reckless driving ticket for 30 mph or more over the posted speed limit.
Can you go to jail for reckless driving in New York?
Yes, you could face a jail sentence for reckless driving in New York. New York classifies reckless driving as a misdemeanor, which makes it a criminal offense.
Can you report someone for reckless driving in New York?
Yes, you can report dangerous or reckless driving by calling 911, the police non-emergency line, or filing a report at home.
Are you overpaying for car insurance?
Compare quotes and find out in 45 seconds.
4.7You might also be interested
