How Oklahoma Defines Reckless Driving
A reckless driving charge in Tulsa is serious. A conviction can mean both criminal and administrative fines and penalties. It is important to know what to do if you are facing a charge of reckless driving.
In Oklahoma, reckless driving is defined as driving carelessly or wantonly, disregarding the safety of persons or property (Okla. Stat. 47 § 11-901). The crime has certain elements that must be met to secure a conviction. For reckless driving, these elements are:
- driving
- a motor vehicle
- carelessly or wantonly
- in disregard for the safety of persons or property, or in violation of speed limits, or having failed to attain or exceeded a reasonable speed that a reasonable and prudent person would have considered as appropriate given the road and traffic conditions, or at an excessive speed to make it difficult or impossible to safely stop (OUJI-CR 6-32)
There is an element of subjectivity involved in component three. What is careless or wanton is open to interpretation and, thus, is an opening into a possible defense. A Tulsa defense attorney can help you build a solid defense.
Component four lists four different alternative behaviors. Meeting any one of the four behaviors will be enough to meet the requirement. All that is needed to prove the first alternative of component four is to prove that the acts and conduct of the defendant, as judged by an objective reasonable-and-prudent-person standard, created dangers for the safety of persons or property {Lamb v. State, 70 Okl. Cr. 236, 105 P.2d 799 (1940)}.
To prove the second alternative, the prosecution must show that the defendant violated the speed limit. The third alternative can be met by proving that the defendant was driving too slow or too fast for the traffic and road conditions. Proving the fourth alternative can be done by showing that the defendant was driving too fast to be able to stop in a safe manner.
The Careless and Wanton Standard
To secure a conviction, the prosecution must also prove that the defendant was driving in a “careless or wanton manner.” If a defendant was driving more than the posted speed limit to one of the alternatives listed in component four, the state must prove that the defendant was careless and wanton in doing so. This implies culpable negligence {Chappell v. State, 462 P.2d 325 (Okl. Cr. 1969); Scott v. State, 71 Okl. Cr. 54, 108 P.2d 189 (1941)}.
It can help to look at what previous courts have determined to be reckless driving. Driving carelessly or wantonly implies a clear disregard for the health and safety of others. It is a pretty high bar to meet for the prosecution. This moves beyond mere “distracted driving” or driving a little over the posted speed limit. Driving 20 miles over the posted speed limit in a place where there are a lot of pedestrians could meet the standard. While texting or other distracted driving may not meet the standard by itself, doing so while traveling at a high rate of speed or while intoxicated could meet the standard.
The faster the speed involved, the more likely that your speed alone will be enough for a conviction. Driving at speeds more than 70 mph on city streets alone may be enough to meet the standard. Any driving that shows disregard for the safety of others or property can be sufficient.
Examples of Reckless Driving
In determining how the law is applied in Oklahoma, it can be helpful to look at cases. In the following examples, the courts upheld reckless driving convictions: an intoxicated driver forcing other drivers off the road {Wolf v. State, 375 P.2d 283 (Okl. Cr. 1966)}, speeding at 100-105 m.p.h. {Matchen v. State, 349 P.2d 28 (Okl. Cr. 1960)}, passing other cars in such a way as to force them off the road {Hooper v. State, 348 P.2d 191 (Okl. Cr. 1959)}, and being intoxicated and driving 80 m.p.h in a 55 m.p.h. zone, resulting in an accident {Sullivan v. State, 333 P.2d 591 (Okl. Cr. 1958)}.
Defenses to Reckless Driving
An accident by itself is not evidence of careless and wanton behavior. The actions involved must rise to the level of endangering others. A reasonable person would not drive down a city street at 60 m.p.h. while texting because doing so could endanger others. Thus, if the actions involved do not rise to the level of endangerment, they cannot meet the element. Likewise, if the driver was acting reasonably under the circumstances, a conviction is not proper.
The “careless and wanton” and “reasonable person” standards are subjective and, as such, open to reasonable interpretation. Defenses are born from these interpretations.
Reckless Driving Penalties
The crime is a misdemeanor in Tulsa. A first conviction is punishable by 5-90 days of jail time, a fine between $100 and $500, or both. Subsequent convictions can include jail time from 10 days to six months, a fine of up to $1000, or both. You will also be subject to points on your license or license suspension or revocation, depending on the circumstances.
Initial Strategy Session with a Tulsa Criminal Defense Attorney
You need to know what will work best for your particular circumstances. Contact the Tulsa criminal defense attorneys at Seventh Street Tulsa Law Firm for a initial, confidential consultation. Call today at (918) 932-2777. We’ve also provided a form on the right side of this page where you may send your question or inquiry and receive an email reply.