(a) Any person who drives any vehicle in such a manner as to indicate a wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) (1) (A) If physical injury to a person results, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than thirty (30) days nor more than ninety (90) days or by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
(B) Otherwise, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five (5) days nor more than ninety (90) days or a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500), or by both such fine and imprisonment.
(2) (A) For a second or subsequent offense occurring within three (3) years of the first offense, every person convicted of reckless driving shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
(B) However, if the second or subsequent offense involves physical injury to a person, the person convicted shall be punished by imprisonment for not less than sixty (60) days nor more than one (1) year or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
History. Acts 1937, No. 300, § 50; Pope's Dig., § 6708; Acts 1955, No. 186, § 1; A.S.A. 1947, § 75-1003; Acts 1987, No. 258, § 1.
Research References
Ark. L. Rev.
Reckless Driving, 9 Ark. L. Rev. 388.
U. Ark. Little Rock L. Rev
Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L. Rev 153.
Case Notes
Evidence.
Lesser Included Offenses.
Misdemeanor.
Where the defendant in an action for damages pleads guilty to a criminal charge of reckless driving, it is not error to introduce testimony as to such plea as a declaration against interest of such defendant. Miller v. Blanton, 213 Ark. 246, 210 S.W.2d 293, 3 A.L.R.2d 203 (1948).
First-degree battery and aggravated assault are not lesser-included offenses of reckless driving and are not the same offenses for double jeopardy purposes. Sherman v. State, 326 Ark. 153, 931 S.W.2d 417 (1996).
Reckless driving is a misdemeanor. Doty v. Goodwin, 246 Ark. 149, 437 S.W.2d 233 (1969).
Cited: Palmer v. Myklebust, 244 Ark. 5, 424 S.W.2d 169 (1968); Wright v. Burton, 279 Ark. 1, 648 S.W.2d 794 (1983).