First off, what does “reckless” mean? Reckless is a state of mind where the person recognizes danger and proceeds with their action anyway. Under the operative New Mexico Law, reckless driving is when you drive “carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.”
You will see a reckless driving charge when the police believe that the driver was racing, speeding excessively, performing dangerous maneuvers, or driving aggressively or threateningly. Sometimes it is tacked onto a DWI when the driving is especially bad; sometimes you will find it along with a street racing charge; or it can stand alone.
Reckless driving is a petty misdemeanor, but it has a mandatory minimum penalty of 10 days incarceration along with a maximum 90-day sentence. This mandatory minimum makes reckless driving a relatively serious traffic crime.
It will also result in 6 points being put on a person’s license. Accumulating 12 points within a 12-month period will result in a 12-month license suspension. The law itself indicates that the judge can suspend your license upon conviction alone for up to 90 days.
A reckless driving conviction in New Mexico typically results in a significant increase in car insurance premiums. On average, drivers can expect their insurance rates to increase by about 47% after a reckless driving conviction.
If the reckless driving results in property damage, personal injury, or death, the liability can be very grave. Of course, a person will be subject to a civil lawsuit to make up for the damage caused. Criminally, the police and DA could consider charging a case with property or personal harm with Aggravated Battery or Great Bodily Harm by vehicle, both of which are third-degree felonies with a basic maximum of 3 years of imprisonment. If a person drives recklessly and by doing so causes someone to die, he or she can be charged with reckless vehicular manslaughter, which is a third-degree felony with a maximum of 6 years incarceration.