Reckless Driving in Utah: What Counts, Penalties, and Common Defenses
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah Code § 41-6a-528, a person is guilty of reckless driving who operates a vehicle in willful or wanton disregard for the safety of persons or property, and it's a class B misdemeanor (up to six months in jail and a $1,000 fine as maximums). The statute says that disregard includes (a) traveling on a highway at 105 mph or greater and (b) committing three or more traffic violations under the Traffic Code in a series of acts within a single continuous period of driving covering three miles or less. The statute doesn't limit the definition to those examples.
Who this guide is for
Utah drivers cited for reckless driving, or whose DUI or speeding charge was reduced to it, who want to know what the law says and what's at stake.
What the prosecutor must show
"Willful or wanton disregard" is more than a mistake. Conduct such as extreme speed, racing, weaving through traffic, or a string of dangerous maneuvers fits the pattern. The two examples in § 41-6a-528(2):
- Speed of 105 mph or greater on a highway.
- Three or more traffic violations within three miles during one continuous drive — for example speeding, an unsafe lane change and tailgating in the same stretch.
Other conduct can count, depending on the facts.
Penalties
- Class B misdemeanor (§ 41-6a-528(3)): up to six months in jail (§ 76-3-204) and a fine up to $1,000 (§ 76-3-301), plus court costs, surcharges and possible probation or a driving course.
- License and insurance consequences: a conviction can add points and raise insurance rates. See Utah Traffic Tickets and Points.
- Related charges: a reckless driving crash with injuries can lead to additional charges; and drivers charged with DUI sometimes plead to reckless driving. See Utah DUI Penalties and Utah Plea Bargains Explained.
Reckless driving and civil liability
A reckless driver who injures someone can face a civil claim, and a conviction or citation can be part of the evidence. See Utah Speeding Crash Claims.
Possible defenses and issues
These depend on the facts and are for your lawyer to evaluate:
- Speed measurement problems (radar or lidar calibration, operator training, tracking one of several vehicles).
- The conduct wasn't willful or wanton — a single lapse or an emergency may not meet the standard.
- Identity — whether you were the driver.
- The violations were not part of one continuous drive or were outside the three-mile stretch.
- Procedural issues — the basis for the stop, or paperwork errors.
Reduction or resolution options
Many cases resolve by plea. Depending on your history and the prosecutor, options can include a reduction, a traffic school or diversion agreement, or a plea in abeyance. See Utah Diversion Agreements and Utah Plea Bargains Explained. Remember that a conviction may affect your record and employment; some convictions can be expunged after waiting periods. See Utah Expungement Eligibility and Waiting Periods.
What to do after a citation
- Note the court and date on the citation and appear (missing court can lead to a warrant). See Utah Arrest Warrants.
- Gather evidence: photos, dash cam, witness names, the officer's notes.
- Ask about a lawyer or public defender if jail is possible. See Public Defender Eligibility in Utah.
- Don't discuss the facts on social media.
Frequently asked questions
Is reckless driving a felony in Utah?
No. It is a class B misdemeanor under § 41-6a-528.
What speed is automatic reckless driving?
105 mph or greater on a highway counts as willful or wanton disregard under the statute.
Is reckless driving the same as a speeding ticket?
No. Speeding is usually an infraction; reckless driving is a criminal misdemeanor.
Can it be reduced?
Sometimes, through negotiation; talk to a lawyer.