The Definition: Alabama Code § 32-5A-190

Reckless driving in Alabama is legally defined by Alabama Code § 32-5A-190. This statute criminalizes the operation of any vehicle under two main criteria:

1. Driving “carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property”.
2. Driving “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”.

The key element here is “willful or wanton disregard,” meaning the driver knew or should have known their actions were dangerous but proceeded anyway. This standard is much higher than simple negligence or carelessness. Common scenarios that can lead to this charge include driving 30+ mph over the speed limit, aggressive tailgating, street racing, or weaving erratically through traffic.

Direct Penalties: Fines, Jail Time, and License Points

A conviction for reckless driving results in severe direct penalties as it is classified as a misdemeanor criminal offense. These penalties are mandatory and can significantly impact an individual’s freedom and finances.

Statutory Penalties for Reckless Driving (Ala. Code § 32-5A-190)

Offense	Imprisonment (Jail)	Fine Range	License Impact
First Conviction	Minimum 5 days, up to 90 days	$25.00 to $500.00	Possible suspension up to six months
Second/Subsequent Conviction	Minimum 10 days, up to 6 months	$50.00 to $500.00	Possible suspension up to six months

In addition to the court’s sentencing, a reckless driving conviction results in 6 points being assessed against your driver’s license by the Alabama Law Enforcement Agency (ALEA). Accumulating too many points can lead to further administrative license suspension.

The Hidden Cost: Collateral Consequences of a Conviction

Beyond the immediate, court-ordered penalties, collateral consequences represent the “hidden costs” of a conviction. These are non-judicial, civil, and administrative restrictions imposed by law, regulation, or policy that can affect nearly every area of life.

1. Employment and Professional Licensing Barriers

A reckless driving conviction, being a criminal misdemeanor, remains on your driving and criminal record, which is visible during background checks.

• Disqualification: Many employers conduct background checks, and a conviction may lead to immediate disqualification for a job, even if the conviction is not directly related to the work.
• Restricted Fields: Professions requiring specific credentials, such as healthcare, education, or law enforcement, often have stringent licensing requirements that may be jeopardized by a criminal conviction.
• Commercial Drivers: For Commercial Driver’s License (CDL) holders, reckless driving is a “serious offense” that can result in a 60-day disqualification for a second conviction within three years, and a 120-day disqualification for a third.

2. Insurance and Financial Impact

The financial consequences of reckless driving extend well past the fine imposed by the court.

• Insurance Premiums: A reckless driving conviction is considered a major moving violation, and it will almost certainly lead to a substantial increase in automobile insurance premiums. These elevated rates can last for several years.
• Civil Liability: If the reckless driving caused an accident resulting in injury or property damage, the convicted driver can face civil lawsuits seeking punitive damages in addition to compensation for injuries. Punitive damages are intended to punish the driver’s “wantonly irresponsible behavior”.

3. Housing and Other Difficulties

Criminal records often create barriers in securing stable housing. Landlords and public housing programs frequently use background checks to deny applicants with criminal convictions.

Mitigating the Consequences: Procedure and Defense

Navigating a reckless driving charge requires a strategic approach, as the negative effects can be long-lasting. The court process begins with the citation/arrest and the filing of charges under the relevant statute.

A primary procedural goal is often to avoid a conviction for reckless driving entirely, or to negotiate a lesser charge.

Summary of Key Takeaways

Reckless driving in Alabama is a serious legal matter with ramifications that extend into your career, finances, and personal life.

1. The charge is a misdemeanor crime under Alabama Code § 32-5A-190, carrying potential jail time from 5 to 90 days and a fine of up to $500 for a first offense.
2. A conviction adds 6 points to your driving record, increasing the risk of administrative license suspension.
3. The most significant collateral consequences are increased insurance premiums and employment barriers, as the criminal record is visible during background checks.
4. If the driving caused injury, the convicted person faces the risk of a civil lawsuit for punitive damages.

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Frequently Asked Questions (FAQ)

Q: Is reckless driving a criminal offense in Alabama?

A: Yes, reckless driving in Alabama is a criminal misdemeanor offense, not a mere violation or infraction.

Q: How long does a reckless driving conviction stay on my record?

A: A conviction for reckless driving can stay on your driving history and criminal record indefinitely and may be visible during background checks for your entire lifetime. While license points may only impact you for a couple of years, the conviction itself is permanent without a successful expungement or pardon.

Q: Can a DUI charge be reduced to reckless driving?

A: Yes, negotiating a reduction of a Driving Under the Influence (DUI) charge to reckless driving is a common strategy in plea bargaining, as reckless driving carries lighter penalties and fewer severe mandatory consequences than a DUI.

Q: Can I get my reckless driving conviction expunged in Alabama?

A: Expungement laws in Alabama are complex, and certain serious traffic offenses, including reckless driving, may not be eligible. You should consult with a Legal Expert to determine your specific eligibility based on the details of your case and state law.

Q: What is the significance of “willful or wanton disregard” in the definition?

A: “Willful or wanton disregard” is the legal standard of fault. It means the driver’s actions showed they consciously ignored a known risk to the safety of others or property, which is required to prove a reckless driving offense.

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