DC reckless driving § 50-2201.04 explained by DC traffic attorney/lawyer

Reckless Driving in the District of Columbia (Washington, DC) is a serious criminal charge with possible ramifications to one's career, security clearance, and insurance costs. DC Reckless Driving is punishable by at least three months in jail and possibly up to one year in jail, in addition to possible fines up to $3,000.

A conviction for Reckless Driving in the District of Columbia will result in the imposition of 12 points (the maximum) for DC-licensed drivers. However, since the District of Columbia is a signatory to the Driver’s License Compact, other states, too, will learn of a conviction of Reckless Driving in the District of Columbia, and they will impose their own administrative penalties, such as license suspension.

The Reckless Driving statute in the District of Columbia, § 50-2201.04, can be read to encompass any driving behaviors which may strike the officer as “carelessly and heedlessly in willful or wanton disregard of the rights or safety of others,” or “without due caution and circumspection and at a speed, or even “in a manner so as to endanger or be likely to endanger any person or property”. Reckless driving behaviors that officers watch for include accidents, eluding police officers, failure to yield to an emergency vehicle, speeding 21 miles per hour or more above posted speed limit, failure to give right-of-way to a pedestrian, failure to stop for a school vehicle with alternately flashing lights, and following another vehicle too closely.

NEWS ALERT: California auto rental company Avis is now restricting vehicle rentals for persons charged with any serious traffic infractions within five years of renting a vehicle. Such "serious traffic infractions" include reckless driving.

Reckless driving can have a significant impact in several aspects of your life. It can and usually does impact your insurance premiums – either by increasing your rates or having the insurance company dropping you altogether.

If you have a security clearance, or if you are the process of trying to obtain one, depending on the level of clearance and facts of the case tending to prove lack of good judgment / irresponsibility, a reckless driving conviction can hinder the process. If you are a police officer or in the process of applying for a position as a police officer / LEO (law enforcement officer), most law enforcement agencies will not consider one for a position as an LEO if one holds a conviction for reckless driving.

If you are in the process of trying to become a United States citizen, it could have a negative impact on that process by elongating the time for the government to conduct your background check. Since the reckless driving charge is a criminal offense, you must divulge this conviction on the proper forms for immigration purposes - particularly if there was an arrest.

If you have a commercial driver’s license, you could have it disqualified for a period of time.

So what do you do if you are one of the hundreds of people every year who get charged with reckless driving in DC?

First, do not plead guilty without the advice of counsel. Why? It is possible to have a defense to this charge.

A properly prepared attorney can help you prepare for court as well. Sometimes there are mitigating issues that may help in getting the charge reduced. These defenses, and mitigating factors include:
(1) a clean driving history,
(2) speedometer calibration issues,
(3) emergency situation,
(4) school bus not properly marked/equipped,
(5) emergency vehicle not properly marked/displaying improper lights,
(6) wet pavement,
(7) passing was not at a crest/curve,
(8) you passed a bicycle, motorcade, moped, etc.
(9) physical barrier between you and school bus,
(10) you had permission to race from the landowner,
(11) an accident doesn’t mean you were driving recklessly,
(12) pacing issues,
(13) radar/lidar calibration issues,
(14) a ‘caution’ sign is not a speed limitation sign,
(15) school bus stopped for reason other than loading/unloading,
(16) highway had multiple passing/driving lanes,
(17) you didn’t know of your vehicle’s defects before being charged, etc.

(1)    getting your speedometer calibrated,
(2)    taking a Driver Improvement Course,
(3)    getting character reference letters,
(4)    getting a copy of your driving record, etc.

Keep in mind, if you are ever one of those unfortunate persons who find themselves in such a predicament, consult an experienced attorney before you go to court. It may make all the difference.