Tulsa Reckless Driving Defense Attorney

What Is Reckless Driving in Oklahoma?

Oklahoma reckless driving requires more than proving that a driver made a mistake or violated a traffic rule. Prosecutors must prove that the person drove a motor vehicle in a careless or wanton manner and that the driving either disregarded the safety of people or property or violated one of Oklahoma's basic speed and safe driving requirements.

The “careless or wanton” requirement matters. The State does not have to prove that the driver was consciously thinking about the danger, but the driving must amount to more than ordinary negligence or a simple speeding violation.

Reckless Driving Is Different From Ordinary Speeding

Speeding does not automatically become reckless driving at a particular number of miles per hour over the speed limit. Very high speed can support a reckless driving charge, but the State still has to prove that the driving was careless or wanton rather than merely prove the speeding violation itself.

That distinction is important when the entire accusation is based on speed. The surrounding circumstances matter, including traffic, visibility, the roadway, weather, other vehicles, and whether the driver's conduct actually created the kind of danger prosecutors are claiming.

Oklahoma state law also does not create a separate criminal offense simply called “careless driving.” Some municipal codes use different traffic offense labels, but in a state case the meaningful comparison is usually between reckless driving, speeding, and whatever other traffic offense the actual facts support.

Common Reckless Driving Allegations

In practice, reckless driving allegations frequently involve more than one piece of driving conduct. An officer may describe very high speed together with weaving, unsafe passing, following another vehicle too closely, racing, ignoring traffic controls, or other driving that the officer believes endangered someone.

Common allegations include:

• driving at a very high speed for the traffic or road conditions;
• weaving through traffic or making repeated unsafe lane changes;
• cutting off another vehicle or forcing another driver to brake or swerve;
• passing on the shoulder or attempting an unsafe pass;
• tailgating at highway speeds;
• racing, burnouts, or other aggressive driving;
• running a red light or stop sign at a high rate of speed; and
• continuing dangerous driving despite heavy traffic, bad weather, construction, or another obvious hazard.

A Collision Does Not Automatically Prove Reckless Driving

An accident can make a reckless driving allegation look more serious, but the occurrence of a collision does not by itself prove the crime. A driver can make a mistake, misjudge distance, fail to see another vehicle, or cause an accident without necessarily driving in the careless or wanton manner required for reckless driving.

That makes the events immediately before the collision especially important. Video, witness statements, vehicle positions, speed evidence, traffic conditions, and the actions of other drivers may tell a different story from a short description in a police report.

Penalties for Reckless Driving Under Oklahoma State Law

A first state law reckless driving conviction is a misdemeanor. If jail is imposed, the sentence is from 5 to 90 days; the fine is from $100 to $500; and the court can impose the fine, jail, or both.

For a second or later conviction, the punishment increases. If jail is imposed, the sentence is from 10 days to 6 months; the fine is from $150 to $1,000; and the court can again impose either or both.

Those are the state law penalties. A case filed under a municipal ordinance has to be checked separately because the citation, charging provision, and court determine which punishment applies.

Reckless Driving Adds Four Points to Your Oklahoma Driving Record

A state reckless driving conviction adds four points to your Oklahoma driving record. Oklahoma's point system suspends a driver's license when the accumulated total reaches ten or more points within five years, so the effect of a reckless driving conviction depends in part on what is already on your record.

The driving record consequences can be particularly important for someone who drives for a living. Reckless driving is also treated as a serious traffic violation under federal commercial driver rules, and repeat qualifying serious traffic violations can lead to a period of disqualification from operating a commercial motor vehicle.

Insurance and employment consequences depend on the particular carrier, employer, job duties, and driving history. A reckless driving conviction can therefore matter well beyond the fine or sentence imposed by the court, especially for someone whose job requires a clean driving record or continued insurability.

Reckless Driving and DUI

Reckless driving can become much more significant when the same conduct is part of a DUI case. Oklahoma law treats a DUI conviction as aggravated DUI, a felony, when the person also committed reckless driving as part of the offense.

That is different from a stand-alone reckless driving misdemeanor. When DUI and reckless driving allegations arise from the same incident, Rob looks at both charges together rather than treating the reckless driving allegation as an unimportant add on to the DUI case.

Vehicle Impoundment in Some Tulsa Reckless Driving Cases

Tulsa now has a separate vehicle impoundment rule aimed at certain types of hazardous driving. Among the circumstances covered is a collision in which reckless driving is the primary contributing factor, along with certain extreme speed, racing, and eluding situations.

That does not mean every reckless driving citation in Tulsa results in an impounded vehicle. The impoundment rule applies only to certain types of dangerous driving, including a collision in which reckless driving or aggravated speeding is considered a primary cause.

How Rob Evaluates a Reckless Driving Case

Rob starts with what the officer says happened and compares that account with the evidence that actually exists. Depending on the case, that may include body camera or dash camera video, witness accounts, photographs, collision evidence, road conditions, and anything showing what happened immediately before the stop or accident.

He also looks at your driving history and the court and prosecutor handling the case because those issues matter when evaluating negotiations and possible resolutions. A City of Tulsa case, another municipal case, and a state case filed in district court should not be treated as though the procedures and available outcomes are identical; they are not.

Can a Reckless Driving Charge Be Reduced?

Sometimes. Whether a reckless driving charge is amended to speeding or another traffic offense depends on the strength of the evidence, your driving history, the other allegations in the case, and the prosecutor and court handling it.

There is no automatic right to have the charge reduced merely because no accident occurred. Rob evaluates both the legal weaknesses in the charge and the practical circumstances that may support a better resolution.

Why a Reckless Driving Conviction Deserves Careful Attention

It can be tempting to treat a reckless driving citation as something to pay simply to get it over with. A guilty or no contest plea can create a misdemeanor conviction, add four points to your driving record, and affect issues that were not obvious when the ticket was issued.

The proposed resolution should therefore be evaluated before the plea is entered. Rob looks at not only the immediate fine or sentence, but also the driving record consequences and any employment issues that are important to the client.

Frequently Asked Questions About Oklahoma Reckless Driving

Is reckless driving a misdemeanor or just a traffic ticket?

Under Oklahoma state law, reckless driving is a misdemeanor criminal offense. It is not simply ordinary speeding, and a conviction carries possible jail, a fine, and four driving record points.

Is driving 20 or 25 miles per hour over the speed limit automatically reckless driving?

No. There is no fixed speed at which an Oklahoma speeding violation automatically becomes reckless driving, because the State must also prove the required careless or wanton manner of driving. Very high speed can be powerful evidence depending on the circumstances. The traffic, roadway, weather, other driving behavior, and danger created by the conduct all matter.

What are the penalties for a first reckless-driving conviction?

For a first conviction under Oklahoma state law, the court can impose a fine of $100 to $500, 5 to 90 days in jail, or both. Jail is therefore possible, but the statute does not require a jail sentence in every first offense case.

Does reckless driving put points on my license?

Yes. A state reckless driving conviction is assessed four points on an Oklahoma driving record, and reaching ten or more points within five years results in a point suspension.

Your existing driving record therefore matters. Someone who already has points can face a very different licensing problem from someone whose record is otherwise clear.

Can reckless driving be reduced to careless driving?

Oklahoma does not have a state criminal offense simply called careless driving. A reckless driving charge may sometimes be amended to speeding or another appropriate traffic offense, while municipal codes can contain different traffic offenses and terminology.

Do I need a Tulsa lawyer if I live outside Oklahoma?

Living out of state does not make the Oklahoma charge disappear, and the effect of an Oklahoma conviction on your home state driving privileges depends on that state's law. Rob can also determine what appearances the particular Oklahoma court requires and whether your personal presence is necessary at each stage of the case.