People want to feel safe when driving. This is not only a reasonable desire but a commendable outcome to pursue. As such, many local and state governments, as well as the federal government, have taken action to reduce automobile-related issues, especially that of reckless driving. Reckless driving is, under most circumstances, categorized as a misdemeanor, but depending on a number of factors, it can be raised to a felony charge. Following are a few examples of what constitutes reckless driving in the state of New Hampshire. If you or your loved ones have experienced personal injury or harm from reckless driving, especially in the New Hampshire counties of Meredith, Laconia, and Belknap, consider contacting a personal injury, family law, or criminal law attorney from Friedman & Bresaw, PLLC by calling (603) 707-4800 to understand all your legal rights.
New Hampshire Defines Reckless Driving
Under New Hampshire law Title LXII Section 626:2, a person is considered to be acting recklessly if they are aware of a significant and unjustifiable risk associated with their behavior and choose to ignore it. This risk must be serious enough that ignoring it represents a major departure from how a reasonable person would act in similar circumstances. Importantly, even if someone is unaware of the risk due to voluntary intoxication or hypnosis, their actions may still be legally classified as reckless.
When applied to driving, this definition means that any behavior behind the wheel that creates a serious risk to safety—such as impairing attention, slowing reaction time, or affecting control of the vehicle—can be considered reckless driving.
Use of Hand-held Electronic Devices While Driving
Under New Hampshire Title XXI Section 265:79-c, the use of handheld communication devices by any drivers while driving or stopped at a traffic light/sign is prohibited as they cause distraction from driving, leading to decreased reaction time and attention to road conditions.This prohibition does not include emergency situations when calling 911 would be necessary and allowable under this legal provision. One-handed use of non-celular, two-way radios, bluetooth devices, and ignition devices are also not included under this prohibition. For drivers under the age of 18, use of any electronic devices while driving or stopped at traffic signals is prohibited. This includes hand-held, one-handed, and non-hand-held devices.
Speeding
Though it is typical for individuals to speed, this practice is against the law and dangerous. Speeding is considered reckless behavior when driving because it can reduce a driver’s control over the vehicle, especially in non-typical road conditions. Speed limits are set for the safety and protection of drivers on the roads and, when these are purposefully broken because of time constraints or even for fun, it constitutes taking unnecessary risk, fitting the definition of reckless driving put forth by the state of New Hampshire.
Running Red Lights or Stop Signs
Driving through a red light or stop sign is illegal and considered a form of reckless driving since it is taking a definitive risk that a law-abiding citizen would know not to make. If an accident occurred because an individual did not abide by the law by stopping for traffic signals, that would constitute reckless driving. If you or your loved one has been negatively impacted by reckless driving, consider contacting a family law, personal injury, or criminal law attorney from Friedman & Bresaw, PLLC in New Hampshire to understand your legal rights.
Aggressive Driving
Making aggressive lane changes, swerving across lanes to pass other drivers, cutting other drivers off, etc. are all examples of aggressive driving. This is another type of reckless driving which may lead to the injury of another motorist. This form of driving risks accident because of its aggressive nature. It forces other drivers to make quick, off-the-cuff decisions for their own safety that may result in further reckless driving, ultimately leading to possible accident or injury.
Driving Under the Influence
Driving under the influence of alcohol or drugs is another form of reckless driving. Even though the individual in the moment may not be aware of the danger their driving may cause, they are still considered liable for reckless driving when under the influence of alcohol or drugs. Since alcohol and other drugs are known to affect focus, attention, reaction time, and other motor functions, driving under the influence of these substances is taking an incredible risk and clearly fits into what constitutes reckless driving.
Consequences of Reckless Driving
In New Hampshire, reckless driving is a misdemeanor and may be punished in court. For the first offense, the individual will be fined no less than $500 plus a penalty assessment. The second offense must be fined no less than $750 plus a penalty assessment. No offense may be fined more than $1000 plus a penalty assessment. In addition to the legal consequences of reckless driving, there are often unintended personal consequences, including injury to self, others, and property. It is advisable to avoid reckless driving tendencies since behaviors of reckless driving may result in legal, personal, and interpersonal consequences.
In addition to fines and legal penalties, a reckless driving conviction in New Hampshire can also lead to administrative consequences, such as license suspension or revocation. A conviction may also increase insurance premiums significantly, as insurers often view reckless driving as a serious risk indicator. For individuals who rely on their driving privileges for work or caregiving responsibilities, these consequences can create substantial disruptions in daily life. Taking proactive steps to drive responsibly not only helps avoid these penalties but also promotes public safety and personal accountability.
Contact an Experienced Reckless Driving Attorney in New Hampshire
Reckless driving poses a serious risk to both the driver and others on the road and should be actively avoided and discouraged. If you or someone you care about has suffered injury or harm as a result of reckless driving—and you reside in or near Meredith, Laconia, or anywhere in Belknap County—consider reaching out to the experienced legal team at Friedman & Bresaw, PLLC. Whether your situation involves personal injury, family law, or criminal matters, our attorneys are here to help you understand your rights and explore your legal options. Call us today at (603) 707-4800 to schedule a consultation.
