Reckless Driving

Gourley, Rehkemper & Lindholm PLC
Criminal Defense - Accident & Injury claims - family law

Recklessness - Reckless Driving - Accidents - DUI

Iowa Code section 321.277 defines the criminal offense of reckless driving.  It states: 

Any person who drives any vehicle in such manner as to indicate either a willful or a wanton disregard for the safety of persons or property is guilty of reckless driving.

Every person convicted of reckless driving shall be guilty of a simple misdemeanor.

This criminal offense of reckless driving is often used as a plea negotiation compromise charge in operating while intoxicated cases because the Iowa Supreme Court and Court of Appeals has previously held that operating a motor vehicle in violation of our drunk driving laws falls within the definition of “reckless.”  Thus, a factual basis which is required before a judge can accept a guilty plea is much easier to make then the alternative common compromise charge of public intoxication.

The term “recklessness” is also used as a mental state to define and set out liability in both civil cases as well as criminal prosecutions.  For example, “recklessness” is the required mental state for one alternative of Vehicular Homicide as well as for a number of alternatives for Murder and Manslaughter.

Iowa Model Civil Jury Instructions define recklessness as: “intentionally doing an unreasonable act in disregard of a risk that is known or so obvious that it should have been known making it highly probable that harm would follow.”  The Model Criminal Jury Instruction is similar but a little bit more in depth.  It states:

A person is “reckless” or acts “recklessly” when he willfully disregards the safety of persons or property.  It is more than a lack of reasonable care which may cause unintentional injury. Recklessness is conduct which is consciously done with willful disregard of the consequences.  For recklessness to exist, the act must be highly dangerous.  In addition, the danger must be so obvious that the actor knows or should reasonably forsee that harm will more likely than not result from the act.  Though recklessness is willful, it is not intentional in the sense that harm is intended to result.

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