Outer Banks Reckless Driving Lawyer

Charged With Reckless Driving in the Outer Banks?

Reckless driving in North Carolina is a criminal misdemeanor, not a simple ticket. A conviction adds 4 points to your North Carolina driving record and, for convictions on or after July 1, 2025, a 90% insurance surcharge that lasts five years for drivers insured in North Carolina.

In Dare and Currituck County, these charges most often come from high speed on US 158 and NC 12, aggressive lane changes and passing in summer traffic, and racing. Some follow a crash.

Daniel Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County, and he handles reckless driving and other traffic cases in Dare and Currituck County courts.

Charged with reckless driving in Dare or Currituck County? Call or text Donahue Defense at 252-715-5785 before your court date.

What Counts as Reckless Driving in North Carolina

Under N.C.G.S. Section 20-140, reckless driving can be charged two ways:

• Driving carelessly and heedlessly in willful or wanton disregard of the rights or safety of others
• Driving without due caution and circumspection, at a speed or in a manner that endangers or is likely to endanger any person or property

Both apply on any highway or public vehicular area, which includes places such as parking lots open to the public.

Penalties and Sentencing

The basic charge is a Class 2 misdemeanor. It becomes more serious if someone is hurt. Sentences depend on your prior record under N.C.G.S. Section 15A-1340.23.

Court costs are added to any fine. A conviction also becomes part of your criminal record.

DMV Points and License Suspension

Reckless driving carries 4 DMV points under N.C.G.S. Section 20-16. Twelve points within three years can lead to a license suspension. DMV can also suspend your license for a reckless driving conviction plus a speeding conviction over 55 mph within 12 months.

When DMV Can Suspend a License

Under N.C.G.S. Section 20-16, the NC Division of Motor Vehicles can suspend a license when its records show any of the following:

• A conviction for speeding more than 75 mph where the limit is less than 70 mph
• A conviction for speeding more than 80 mph where the limit is 70 mph
• Two or more speeding convictions over 55 mph (and not more than 80 mph) within 12 months
• A reckless driving or aggressive driving conviction plus a speeding conviction over 55 mph within 12 months
• 12 or more DMV points within three years, or 8 or more points in the three years after a license is reinstated following a suspension for traffic offenses

A first suspension under the point system lasts up to 60 days, a second up to six months, and any later one up to a year. For a first suspension based on speed, a district court judge may allow a limited driving privilege if you have no other moving violation conviction in the past 12 months, and DMV may substitute probation for a suspension. Paying a ticket is a conviction, so find out whether your charge carries one of these risks before you pay.

Insurance: The Five-Year Surcharge

Under the Safe Driver Incentive Plan (SDIP), administered by the NC Commissioner of Insurance, reckless driving carries 4 insurance points and a 90% premium increase. For convictions on or after July 1, 2025, that increase lasts five policy years instead of three. On a $1,500 base premium, that is about $6,750 in extra premiums. See our breakdown of NC insurance points after a conviction.

If You Live Out of State

A North Carolina conviction can be reported to your home state, and each state applies its own law to it. Virginia DMV, for example, says on its website that it assigns demerit points for convictions from other states. See out-of-state tickets in the Outer Banks for links to what several states publish, and check with your state’s licensing agency or a lawyer licensed there about your license.

How We Can Help

• Explain the DMV points, SDIP insurance points, and license consequences of each possible outcome, in dollars
• Obtain and review the evidence, including officer reports, radar or pacing records, and video
• Appear in court for you where the court allows, so out-of-state clients can handle the case from home
• Represent you in Dare and Currituck County courts
• Try your case when the facts and the law support it
• Communicate in Spanish through our legal assistant, Kaitlyn Fernandez

Reckless Driving FAQs

Is reckless driving a criminal charge in North Carolina?

Yes. It is a Class 2 misdemeanor, and more serious if it causes injury. A conviction creates a criminal record, unlike a speeding infraction.

How many points is reckless driving in NC?

It carries 4 DMV points on your North Carolina driving record and 4 SDIP insurance points, which means a 90% premium increase for drivers insured in North Carolina.

Can I be charged with reckless driving in a parking lot?

Yes. The statute covers public vehicular areas as well as highways, so the charge can be brought in places like parking lots open to the public.

Do I have to come to court?

It depends on your case. In many cases your lawyer can appear for you. We will tell you early if your case needs you in person.

Talk to an Outer Banks Reckless Driving Lawyer

If you are charged with reckless driving in Dare or Currituck County, call or text 252-715-5785. We will explain what each possible outcome could cost you, in court, on your license, and in insurance. Se habla español.

Please do not include confidential or sensitive information in a contact form, text message, or voicemail.

This page is general information about North Carolina law, not legal advice for your situation.