The state of Idaho explicitly defines reckless driving as a criminal offense, while also expounding upon the definition of the offense in more depth than most other states.
Idaho Code 49-1401 defines reckless driving as any operation of a motor vehicle on a public or private property available for public use, which involves careless, heedless or reckless actions likely to harm another individual or their property. These actions specifically encompass acts involving excessive speed in conjunction with other conditions or limited line of sight in conjunction with reckless actions.
|
Offense/Violation |
Classification |
Criminal Penalties |
Points Applied to License |
Other Administrative Penalties |
|
Reckless Driving |
Misdemeanor |
Incarceration up to 6 months, with fines not to exceed $1,000 |
No points, automatic suspension likely |
License suspension of 30 days |
|
Reckless Driving, subsequent offense within 5 years |
Misdemeanor |
Incarceration up to 1 year, with fines not to exceed $2,000 |
No points, automatic suspension likely |
If second offense within 2 years, license suspension of 90 days |
The Idaho Division of Motor Vehicles can commence proceedings to suspend the license of driver without criminal conviction, and requires only reasonable belief that a reckless driving offense occurred. The arrest itself is indicative of a reasonable belief, and in turn, license suspension proceedings usually commence upon arrest in Idaho. Drivers, however, can contest the pending license suspension at a scheduled hearing date. If suspended, drivers still may be eligible for a hardship-based license, pending their specific case.
Addressing the criminal nature of the charges in conjunction with any ongoing administrative action is key in an Idaho reckless driving case. Although Idaho defines reckless driving laws better than most other states, the practical reality is that the law is still relatively vague, and in practice, certain reckless driving charges may be more applicably categorized as simple traffic violations rather than criminal acts. Typically, a plea option is the result of legal efforts intended to undermine a prosecutor's case entirely, while seeking outright dismissal of the charges. Common plea options include reducing the reckless driving charge into a lesser criminal offense, such as inattentive driving, or reducing the criminal charge into a non-criminal traffic violation, such as speeding or others.
Reckless driving is a serious criminal charge, posing both the risk of incarceration and long-term loss of license. Having legal counsel involved in your case from the beginning is advisable, if not altogether imperative for a favorable resolution. For more information on your case, including the criminal and administrative aspects, consult with an Idaho reckless driving attorney.