Reckless driving
From Wikipedia, the free encyclopedia
 |
| Criminal law |
|---|
| Part of the common law series |
| Elements of crimes |
| Actus reus · Causation · Concurrence |
| Mens rea · Intention (general) |
| Intention in English law · Recklessness |
| Willful blindness · Criminal negligence |
| Ignorantia juris non excusat |
| Vicarious liability · Corporate liability |
| Strict liability |
| Classes of crimes |
| Felony/Indictable · Hybrid offence |
| Misdemeanor/Summary |
| Infraction |
| Lesser included offense |
| Crimes against the person |
| Assault · Battery · Robbery |
| Kidnapping · Rape |
| Mayhem · Manslaughter · Murder |
| Crimes against property |
| Burglary · Larceny · Arson |
| Embezzlement · False pretenses |
| Extortion · Forgery · Computer crime |
| Crimes against justice |
| Obstruction of justice · Bribery |
| Perjury · Misprision of felony |
| Inchoate offenses |
| Solicitation · Attempt |
| Conspiracy · Accessory |
| Subsets |
| Criminal procedure |
| Criminal defenses |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
| Portals: Law · Criminal justice |
 |
| The States of Consciousness Continuum |
|---|
| Part of the Psychology series |
| TOTAL AWARENESS |
| Focused, selective attention |
| Divided attention |
| Daydreaming |
| Meditative state |
| Hypnotised state |
| Asleep |
| Anaethetised |
| Coma |
| Complete lack of awareness |
Reckless driving, in the United States, is a serious moving traffic violation. As an offense reckless driving is variously described by different U.S. state statutes. It is usually a more serious offense than careless driving and is often punishable by fines, imprisonment, and/or driver's license suspension or revocation.
Reckless driving is a mental state in which the driver of an automobile behaves recklessly; the driver often misjudges common driving procedures, intentionally causing accidents and other damages. Reckless driving has been studied by psychologists. However, not one cause can be assigned to this state.
Contents |
[edit] Effects
Reckless driving often results in not only the damage of property, but also the injury of animate objects - notably humans, but more commonly cats and dogs. In extreme cases, both animals and humans have been killed.
The loss of life - particularly of human children, cats and dogs - has seen many drivers cease using their vehicles, usually due to distress and guilt. Furthermore - as a result of these losses - animal and child rights activist groups often protest the usage of vehicles within residential areas and within the vicinity of national parks.
[edit] By state
[edit] Alabama
- Code of Alabama 1975, Title 32 (Motor Vehicles and Traffic), Section 32-5A-190 (Reckless driving):
- (a) Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or 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, shall be guilty of reckless driving.
- (b) Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five days nor more than 90 days, or by fine of not less than $25.00 nor more than $500.00, or by both such fine and imprisonment, and on a second or subsequent conviction shall be punished by imprisonment for not less than 10 days nor more than six months, or by a fine of not less than $50.00 nor more than $500.00, or by both such fine and imprisonment, and the court may prohibit the person so convicted from driving a motor vehicle on the public highways of this state for a period not exceeding six months, and the license of the person shall be suspended for such period by the Director of Public Safety pursuant to Section 32-5A-195.
- (c) Neither reckless driving nor any other moving violation under this chapter is a lesser included offense under a charge of driving while under the influence of alcohol or drugs. (Acts 1980, No. 80-434, p. 604, §9-101.) [1]
[edit] Alaska
- Alaska Statutes, Title 28 (Motor Vehicles), Chapter 35 (Offenses and Accidents), Section 40. (Reckless Driving)
- (a) A person who drives a motor vehicle in the state in a manner that creates a substantial and unjustifiable risk of harm to a person or to property is guilty of reckless driving. A substantial and unjustifiable risk is a risk of such a nature and degree that the conscious disregard of it or a failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
- (b) A person convicted of reckless driving is guilty of a misdemeanor and is punishable by a fine of not more than $1,000 or by imprisonment for not more than one year or by both.
- (c) Lawfully conducted automobile, snowmobile, motorcycle, or other motor vehicle racing or exhibition events are not subject to the provisions of this section. (AS 28.35.040) [2]
[edit] Arizona
- 28-693. Reckless driving; classification; license; surrender
- A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.
- B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.
- C. In addition, the judge may require the surrender to a police officer of any driver license of the convicted person, shall report the conviction to the department and may order the driving privileges of the person to be suspended for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge.
- D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section 13-1102 or section 13-1103, subsection A, paragraph 1, in the driving of a vehicle, or section 28-708, 28-1381, 28-1382 or 28-1383 within a period of twenty-four months:
- '1. The person is guilty of a class 1 misdemeanor.
- '2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.
- '3. The judge may require the surrender to a police officer of any driver license of the person and shall immediately forward the abstract of conviction to the department.
- '4. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person.
- E. The dates of the commission of the offense are the determining factor in applying subsection D of this section. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.
- F. On pronouncement of a jail sentence under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than twelve hours per day nor more than five days per week. The defendant shall spend the remaining days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the defendant's actual hours of employment or schooling. [3]
[edit] Arkansas
- Arkansas Code, Title 27 (Transportation), Subtitle 4 (Motor Vehicular Traffic), Chapter 50 (Penalties and Enforcement), Subchapter 3 (Offenses and Penalties Generally)
- (a) Any person who drives any vehicle in such a manner as to indicate a wanton disregard for the safety of persons or property is guilty of reckless driving.
- (b)(1)(A) If physical injury to a person results, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than thirty (30) days nor more than ninety (90) days or by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
- (B) Otherwise, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five (5) days nor more than ninety (90) days or a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500), or by both such fine and imprisonment.
- (2)(A) For a second or subsequent offense occurring within three (3) years of the first offense, every person convicted of reckless driving shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
- (B) However, if the second or subsequent offense involves physical injury to a person, the person convicted shall be punished by imprisonment for not less than sixty (60) days nor more than one (1) year or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment. (AC 27-50-30; Acts 1937, No. 300, § 50; Pope's Dig., § 6708; Acts 1955, No. 186, § 1; A.S.A. 1947, § 75-1003; Acts 1987, No. 258, § 1) [4]
[edit] Washington State
- RCW 46.61.500 Reckless driving — Penalty.
-
- (1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.
-
- (2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.
- RCW 46.61.530 Racing of vehicles on highways — Reckless driving — Exception.
-
- No person or persons may race any motor vehicle or motor vehicles upon any public highway of this state. Any person or persons who wilfully compare or contest relative speeds by operation of one or more motor vehicles shall be guilty of racing, which shall constitute reckless driving under RCW 46.61.500, whether or not such speed is in excess of the maximum speed prescribed by law: PROVIDED HOWEVER, That any comparison or contest of the accuracy with which motor vehicles may be operated in terms of relative speeds not in excess of the posted maximum speed does not constitute racing.
[edit] Causes
Reckless driving has several known causes:
- The influence of alcohol whilst driving 1 ,
- The influence of drugs whilst driving, and
- Encouragement of the driver to behave in such a manner by other passengers 2 .
[edit] Treatment
At present, there is no known biological cure to reckless driving; it can be prevented through community-awareness campaigns, law-enforcement campaigns, and other social services.
[edit] References
- Psychology VCE Units 3 & 4, third edition, John Grivas, Ross Down, Linda Carter; ISBN 0-7329-8933-7 - published 2004 by Macmillan Education Australia Pty Ltd.
