Reckless Driving in New York (VTL 1212)

Last Modified: Januarary 7, 2013
By: Adam H. Rosenblum

Before analyzing what makes VTL 1212 such a serious traffic ticket, it must be clarified what is considered reckless driving in NY.VTL 1212 states:

Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.

In summary, it is a violation of New York’s reckless driving law if you drive a car, truck or motorcycle in a way that interferes the free use of the road or unreasonably endangers other users. ( for more info see What constitutes reckless driving?)

Fines and Penalties for A Reckless Driving Conviction

There are significant points that illustrate the severity of a conviction for violating VTL 1212:

A criminal record. Reckless Driving is a misdemeanor and not a simple traffic matter.
Points. A conviction for reckless driving in NY results in 5 points on your NY driving record.
Fines. A fine of $100 to $300 plus a fee of $70 for first time offenders.
Auto Insurance. Increased auto insurance rates are likely.

In addition, it is important to note that if a driver accumulates 11 points in 18 months, driving privileges may be suspended. Five points for violating VTL 1212 can cause a driver to reach 11 points rather quickly. It is also noteworthy that if a reckless driving in NY ticket results in having 6 or more points, the driver must pay a “Driver Assessment Fee” to DMV which is $300 for six points and an additional $75 for every point above six.

In New York, a driver that accumulates 11 points is issued a mandatory driver's license suspension.

Fighting A Reckless Driving Ticket

Fighting a ticket for reckless driving in NY can be more challenging than a regular traffic ticket. Since VTL 1212 is considered a criminal matter, many district attorneys do not allow plea bargaining by mail and require an appearance in court. Obviously, judges and district attorneys are less flexible when negotiating a criminal offense of reckless driving with traffic tickets.

If these penalties were not steep enough, in 2011, the New York State senate passed a bill to strengthen penalties for reckless driving and create a new crime of aggravated reckless driving. The bill focused on dangerous driving by drivers who were drunk or high and drivers traveling the wrong direction. Aggravated reckless driving would be a Class E Felony.

If you have been issued a ticket for VTL 1212, Reckless Driving in New York, it is highly recommended that you contact a traffic attorney with a successful record of fighting serious traffic offenses. Call the Rosenblum Law Firm today at 1-888-883-5529.

More information about Reckless Driving:

Reckless Driving Frequently Asked questions

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