Traffic tickets
Reckless driving in New York
Reckless driving is a misdemeanor, not a traffic ticket. It is also defined in unusually open language. There is no speed at which it starts and no list of conduct that qualifies, which cuts both ways.
Free consultation. This is a misdemeanor, do not just pay it.
What the statute actually says
VTL § 1212 defines reckless driving as driving or using a vehicle
"in a manner which unreasonably interferes with the free and proper use of the public highway or any parking lot, or unreasonably endangers users of the public highway or any parking lot."
And then: "Every person violating this provision shall be guilty of a misdemeanor."
That is the entire definition. Note what is absent, no speed threshold, no enumerated conduct, no requirement of an accident or an injury. The charge turns on the word unreasonably, and that is a question of fact.
Why that matters both ways
An open standard means the charge can be brought on facts a driver would not have expected to be criminal. It also means the prosecution has to establish that the driving was unreasonable in the circumstances, rather than pointing at a number on a radar readout.
This is the opposite situation from a speeding ticket, where the charged speed largely determines the tier and the points. Here almost everything depends on the specific facts of the stop.
Penalties
Reckless driving takes its penalties from VTL § 1801, which sets the default for Vehicle and Traffic Law misdemeanors:
| Conviction | Maximum fine | Maximum jail |
|---|---|---|
| First conviction | Up to $300 | Up to 30 days |
| Second, both within 18 months | Up to $525 | Up to 90 days |
| Third or later, all within 18 months | Up to $1,125 | Up to 180 days |
One detail is specific to this offense. Section 1801 sets maximums for every Vehicle and Traffic Law misdemeanor, then adds an exception naming § 1212 alone: a fine imposed for reckless driving shall not be less than $100. It is the only offense in the section with a floor written in.
Points
Five, under the DMV table, the same as a phone ticket. The points and the criminal conviction are separate consequences of the same charge, so both follow. Details in points and insurance.
Parking lots
The statute is not limited to public roads. It reaches a parking lot where the lot adjoins premises, is provided in connection with them, serves as access to and from a public highway, and has capacity for four or more vehicles.
It expressly does not apply to property on which a one or two family residence sits. A supermarket lot is within the statute; a private driveway at a house is not.
Where it comes up
In our experience the charge tends to arrive in one of two ways: added alongside a very high speed reading, or written after conduct an officer describes as dangerous regardless of speed. The two produce quite different cases, and the paperwork usually tells us which one you are dealing with.
Because a conviction is a criminal one, the objective in most of these matters is reduction to a non-criminal disposition. Whether that is available depends on the facts, the record, the court and the prosecutor. It is not something anyone can promise you in advance, and you should be wary of anyone who does.
Questions people ask
Is reckless driving a crime in New York?
Yes. VTL section 1212 states that every person violating the provision is guilty of a misdemeanor. It is not a traffic infraction, so a conviction is a criminal conviction that appears on a criminal record rather than only on your driving abstract.
What counts as reckless driving?
The statute defines it as driving in a manner that unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of it. There is no speed threshold and no list of qualifying conduct, which is what makes the charge unusually open to argument.
What are the penalties?
A first conviction carries up to $300 or up to 30 days, or both. A second within 18 months carries up to $525 or 90 days. A third within 18 months carries up to $1,125 or 180 days. Uniquely, the statute sets a floor: a reckless driving fine cannot be less than $100.
How many points does reckless driving carry?
Five, under the DMV table. That is the same as a cell phone ticket and more than speeding at 20 MPH over. The points sit alongside the criminal conviction rather than instead of it, so both consequences follow from the same charge.
Can I be charged for something in a parking lot?
Yes, within limits. The statute reaches parking lots that adjoin premises, serve as access to and from a public highway, and hold four or more vehicles. It expressly does not apply to property on which a one or two family residence sits.
Can a reckless driving charge be reduced?
It is often the objective, since the difference between a misdemeanor conviction and a traffic infraction is substantial. Whether it is available depends on the underlying facts, your record, the court and the prosecutor. Nobody can tell you the answer without reading the paperwork.
Charged with reckless driving?
It is a misdemeanor. Bring us the paperwork before the return date, free consultation.
Sources
NY VTL § 1212 — Reckless driving ·NY VTL § 1801 — Penalties for misdemeanors ·NYS DMV — Driver Point System
Statutory text, penalty ranges and point value verified August 2026. This page describes what the statutes provide. It is not advice about your own case.
Related: suspended license ·speeding tickets ·criminal defense ·Syracuse traffic tickets ·traffic tickets across Central New York