What Constitutes Reckless Driving and How Is It Defended?
Oct. 30, 2025
Reckless driving accusations can have serious consequences, and it’s important to understand your rights and what you can do to defend against these charges.
At Michael Kuzma Attorney at Law, I'm a Buffalo reckless driving lawyer who offers experienced legal representation in cases across New York State. Attorney Michael Kuzma works closely with individuals to develop an effective traffic law defense strategy tailored to their situation.
Contact me today to discuss your case and start moving toward a resolution.
What Reckless Driving Means in New York
Reckless driving in New York is defined by law as operating a motor vehicle in a manner that unreasonably interferes with the free and proper use of a public highway or endangers others. It’s considered more than just a traffic infraction—it’s a misdemeanor offense. This means that a conviction could result in criminal penalties that follow you for years to come.
The intent behind the reckless driving law is to deter behavior that puts others at risk. It applies to all drivers, regardless of experience or driving history. Understanding what qualifies as reckless behavior can help drivers recognize when they might be at risk of a citation or criminal charge.
Because reckless driving is treated as a crime rather than a simple moving violation, the penalties are more severe. Drivers may face fines, license suspension, and even jail time. Consulting an attorney familiar with New York’s traffic law can make a significant difference in how a case is handled and potentially resolved.
Common Examples of Reckless Driving
There are many types of driving behaviors that could lead to a reckless driving charge. Each case depends on specific circumstances, such as the driver’s intent, road conditions, and the risk posed to others. Even actions that seem minor can be classified as reckless if they create a significant safety hazard. Examples of reckless driving behavior include:
Excessive speeding: Driving far above the posted speed limit greatly increases the risk of accidents and is often viewed as reckless behavior.
Ignoring traffic signals: Running red lights or stop signs without caution endangers both drivers and pedestrians.
Erratic lane changes: Weaving through traffic or making improper lane changes can cause confusion and collisions.
Aggressive driving: Tailgating or intentionally intimidating other drivers creates unsafe conditions on the road.
Driving under the influence: Operating a vehicle while impaired by alcohol or drugs poses serious threats to public safety.
Street racing or stunts: Participating in races or performing dangerous maneuvers on public roads is a clear form of reckless driving.
Law enforcement officers have discretion in determining what constitutes recklessness. Their decision often depends on whether a reasonable person would consider the driver’s actions dangerous under the circumstances.
Because of this subjectivity, it’s critical for drivers charged with reckless driving to have an attorney who can review the evidence and question the officer’s interpretation. Traffic law cases like these often hinge on details such as road conditions, visibility, and the driver’s control over the vehicle.
Legal Consequences of a Reckless Driving Conviction
Reckless driving isn’t just a traffic ticket—it’s a criminal offense. A conviction can have both immediate and long-term consequences that impact a driver’s finances, reputation, and freedom. Potential penalties for reckless driving include:
Financial penalties: Fines can range from hundreds to over a thousand dollars, depending on the severity of the reckless driving offense and any prior violations.
Possible jail time: Repeat offenders or those involved in particularly dangerous incidents may face incarceration as part of their sentence.
Loss of driving privileges: Drivers risk license suspension or even revocation, especially if the offense is accompanied by other traffic violations.
Higher insurance costs: A reckless driving conviction can lead to increased insurance premiums or, in some cases, policy cancellation altogether.
Long-term criminal record: A conviction creates a permanent record that may limit future employment opportunities and affect personal reputation.
Each of these outcomes can alter a person’s life in different ways. An experienced attorney can review the circumstances and look for ways to reduce or dismiss the charges altogether. Working with someone who understands traffic law in New York is essential for protecting both short-term and long-term interests.
How Prosecutors Build a Reckless Driving Case
When prosecuting reckless driving, the state must prove that the defendant operated a vehicle in a manner that posed an unreasonable risk to others. Evidence gathered by law enforcement plays a crucial role in building the case. Common types of evidence used by prosecutors include:
Officer testimony: Police officer statements often describe the driver’s behavior and provide the foundation for the prosecution’s case.
Video evidence: Dashcam or bodycam footage can visually capture the incident and either support or contradict the officer’s account.
Witness statements: Testimony from other drivers or pedestrians may offer additional perspectives on what occurred.
Accident reconstruction reports: If a collision took place, these reports help determine how the crash happened and whether recklessness was involved.
Vehicle performance data: Information showing speed, braking, or steering patterns can reveal how the vehicle was being operated at the time of the incident.
Each piece of evidence must be carefully reviewed for accuracy and reliability. In many cases, there may be inconsistencies or gaps in the prosecution’s evidence that an attorney can challenge. By identifying weaknesses in the state’s argument, it’s possible to raise reasonable doubt about whether the driver’s conduct truly amounted to recklessness under traffic law.
The Importance of Evidence and Witness Testimony
In reckless driving cases, evidence is everything. From video footage to witness statements, the quality and availability of proof can significantly influence the outcome. Even small details, such as the distance between vehicles or the timing of a traffic light, can make a major difference.
Defendants and their attorneys must review all available evidence for inconsistencies or inaccuracies. Cross-examining witnesses can also reveal biases or gaps in their observations. By focusing on these aspects, an attorney can highlight reasonable doubt and argue that the conduct didn’t meet the legal threshold for recklessness.
Because traffic law cases often rely on subjective interpretations, presenting a clear and credible defense is key. I will work to gather and analyze evidence that supports my clients’ accounts of events. This careful attention to detail helps build a strong case for dismissal or reduction of charges.
Plea Bargains and Reduced Charges
Sometimes, a complete dismissal may not be possible, but that doesn’t mean the situation is hopeless. Prosecutors may agree to reduce a reckless driving charge to a lesser offense, such as careless driving or a speeding violation. This can significantly reduce penalties and keep a criminal conviction off a driver’s record.
Plea bargains in traffic law cases are often negotiated based on the strength of the evidence and the driver’s prior record. Reducing the charge can make a substantial difference in fines, license points, and long-term consequences. In many cases, a well-negotiated plea can help drivers avoid a permanent criminal record altogether.
The Impact of a Reckless Driving Conviction
A reckless driving conviction can extend far beyond the courtroom. Aside from fines and potential jail time, drivers may face increased insurance rates, loss of employment opportunities, or challenges obtaining certain licenses. The ripple effects can last for years.
Even a first offense can remain on a driver’s record and lead to cumulative penalties for future infractions. Employers or insurers who conduct background checks may view the conviction as a sign of irresponsibility. These consequences underscore the importance of taking reckless driving charges seriously from the start.
Having an attorney who understands traffic law in New York can make a significant difference in mitigating these long-term effects. I focus on helping clients protect their driving privileges and reputations while working toward the best possible resolution.
I Will Fight for Your Rights in Court
If you’ve been charged with reckless driving in Buffalo, New York, or anywhere in New York State, don’t face the legal system alone. Michael Kuzma Attorney at Law provides trusted guidance and defense strategies designed to protect your rights and driving privileges. My dedication to my clients extends across every stage of the process, from the initial consultation to final resolution.
I do what I can to help clients understand their options, assess the evidence, and pursue outcomes that minimize penalties. Whether it’s fighting for dismissal, negotiating reduced charges, or preparing for trial, I’m ready to advocate for your best interests. Contact me today to schedule a consultation and take the first step toward protecting your rights and your future.