What Speed is Considered Reckless Driving in Ohio?

Reckless Driving in Ohio

Reckless driving is a serious traffic offense in Ohio, defined as operating a motor vehicle in a manner that demonstrates a disregard for the safety of persons or property. This can include actions like:

• Excessive speed: Driving significantly above the posted speed limit.
• Driving under the influence: Operating a vehicle while impaired by alcohol or drugs.
• Weaving or swerving: Erratic driving that could endanger others.
• Racing or stunt driving: Engaging in dangerous maneuvers on public roads.

When it comes to reckless driving in Ohio, drivers face several possible consequences if they are issued a ticket. Violating Ohio traffic laws, be it through reckless driving, speeding, or other causes, can lead to penalties such as fines, fees, jail, or penalty points added to your driving record.

Maintaining a clean driving record can become difficult if you do not treat speeding tickets or traffic violations seriously. The more you have on your record, the harder it becomes to keep future tickets off your record. Reckless driving or traveling over the speed limit can lead to a license suspension.

Reckless Driving vs. Speeding in Ohio

While both reckless driving and speeding involve driving at excessive speeds, they are distinct offenses in Ohio. Here’s a breakdown of the key differences:

Speeding:

• Definition: Driving at a speed that exceeds the posted speed limit.
• Focus: Primarily on the speed itself.
• Penalties: Fines, points on your license, and potential license suspension.

Reckless Driving:

• Definition: Operating a vehicle in a manner that demonstrates a disregard for the safety of persons or property.
• Focus: On the overall driving behavior, which can include excessive speed but also other factors like weaving, swerving, or racing.
• Penalties: More severe than speeding, including fines, license suspension, and even jail time.

Factors Contributing to Reckless Driving Charges in Ohio

Several factors can contribute to a reckless driving charge in Ohio, including:

Driving Conditions:

• Adverse Weather: Inclement weather such as rain, snow, or fog can significantly reduce visibility and traction, making it more difficult to control a vehicle.
• Road Conditions: Poor road conditions, including potholes, construction zones, or slippery surfaces, can increase the risk of accidents and contribute to reckless driving.

Traffic Density:

• Heavy Traffic: Dense traffic can make it challenging to maintain a safe following distance and can increase the likelihood of collisions.
• Congestion: Slow-moving traffic or traffic jams can lead to frustration and impulsive driving behaviors.

Driver Behavior:

• Excessive Speed: Driving significantly above the posted speed limit is a common factor in reckless driving charges.
• Impairment: Driving under the influence of alcohol or drugs can impair judgment, reaction time, and coordination, increasing the risk of accidents.
• Distractions: Distracted driving, such as using a cell phone or eating while driving, can divert attention from the road and lead to dangerous situations.
• Aggressive Driving: Aggressive driving behaviors, including tailgating, road rage, and sudden lane changes, can pose a significant risk to other drivers.
• Racing or Stunt Driving: Engaging in dangerous maneuvers on public roads, such as racing or performing stunts, is a clear violation of traffic laws and can result in reckless driving charges.

Disclaimer: The following is not meant as legal advice. It is general information meant to inform. Please consult with a Columbus Ohio reckless driving attorney for legal advice specific to your situation.

How Many MPH Over the Speed Limit is Reckless Driving in Ohio?

Ohio speeding laws do not explicitly provide a number for how many MPH over the speed limit are reckless driving. Instead, the state statute, Section 4511.20 of the Ohio Revised Code, that covers reckless driving and speeding refers to recklessness as the “operation in willful or wanton disregard of the safety of persons or property.”

This section of the Ohio Revised Code can be interpreted by law enforcement in any instance where they believe that a driver or operator of a vehicle has operated their vehicle so dangerously that they have completely ignored the safety of property and other people around them.

Since the law surrounding reckless driving and speeding is quite subjective, this means that law enforcement has the power to determine whether or not your vehicle operation was dangerous enough to be classified as “willful or wanton disregard.” So, when we answer how many MPH over the speed limit is reckless driving in Ohio, it can really depend on which law enforcement officer is handling your traffic violation.  Judges can also consider traveling at high rates of speed to be reckless.  This allows them to impose a license suspension even if the officer chooses not to charge someone with the reckless operation.

Following a reckless driving violation, you should consider reaching out to a Columbus Ohio reckless driving attorney for legal advice and representation.

Examples of Reckless Driving Speeds in Ohio

Case 1: Excessive Speed in a Residential Area

• Speed: 65 mph in a 25 mph zone
• Outcome: Reckless driving conviction
• Factors: The high speed in a residential area posed a significant risk to pedestrians and other vehicles. The court emphasized the potential for serious injury or death given the circumstances.

Case 2: Speeding in a School Zone

• Speed: 45 mph in a 20 mph school zone
• Outcome: Reckless driving conviction
• Factors: The presence of children in the area made the excessive speed particularly dangerous. The court highlighted the increased risk of accidents involving vulnerable pedestrians.

Case 3: Speeding During a Pursuit

• Speed: 100 mph in a 55 mph zone
• Outcome: Reckless driving conviction
• Factors: The high-speed chase created a dangerous situation for both the driver and other motorists. The court emphasized the disregard for public safety demonstrated by the driver’s actions.

Case 4: Speeding on a Curve

• Speed: 60 mph on a sharp curve
• Outcome: Reckless driving conviction
• Factors: Excessive speed on a curve increases the risk of loss of control and potential rollover accidents. The court considered the driver’s failure to adjust speed to road conditions.

Key Factors Influencing Court Decisions:

• Posted Speed Limit: Exceeding the posted speed limit by a significant margin is often a strong indicator of reckless driving.
• Location: Speeding in areas with high pedestrian traffic, schools, or residential zones is generally considered more reckless due to the increased risk of harm.
• Road Conditions: Driving at excessive speeds in adverse weather conditions or on dangerous roads can contribute to reckless driving charges.
• Other Driving Behaviors: Reckless driving often involves a combination of excessive speed and other dangerous behaviors, such as weaving, tailgating, or driving under the influence.

What Kind of Penalties Are There for Speeding in Ohio?

Now that we know more about what constitutes reckless driving in Ohio regarding speeding, let’s look at the different penalties that drivers and vehicle operators may face.

For a driver who receives a single speeding violation within a 12-month period, that speeding violation will be handled as a minor misdemeanor. This can result in a fine of up to $150.

In cases where a driver has previously been convicted of another traffic offense within the last 12 months, the initial minor misdemeanor status can be brought up to a fourth-degree misdemeanor. For a reckless driving fourth-degree misdemeanor, you can face fines up to $250, possible jail time up to 30 days, and a license suspension.

Additional penalties vary based on the speed a driver was going over the posted speed limit, including adding points to your driver’s license as follows:

• Going over the speed limit by 30 MPH or more will result in 4 points
• Going over the speed limit of 55 MPH or more by 11-29 MPH will result in 2 points
• Going over the speed limit of 54 MPH or less by 6-29 MPH will result in 2 points

Per Ohio state law, if a driver receives 12 or more points on their driver’s license in a 2-year period, their license will be suspended.

You can request a certified copy of your Ohio BMV record from the BMV’s website to look over your past traffic violations and license suspensions.

How Can I Address a Reckless Driving in Ohio Violation?

If you are facing violations for reckless driving in Ohio, it can be beneficial to work with a reckless driving attorney. Since reckless driving is quite open to interpretation, there may be weaknesses to be found in the prosecutor’s case. Having a capable Columbus traffic defense attorney will often help to avoid convictions and/or lessen the penalties imposed.

About The Author

The Maher Law Firm, LLC is a law firm based in Columbus, Ohio, focusing on DUI/OVI defense, criminal defense, and traffic defense. With over 14+ years of experience, founder and Columbus reckless driving attorney Colin Maher brings his unique knowledge and expertise to each case. The Maher Law Firm, LLC has successfully handled over 2,000 cases and nearly 100 trials for clients living in Columbus and the surrounding areas. The Maher Law Firm, LLC can be reached at 614-205-2208 or online for a free and confidential phone consultation.