Reckless Driving in South Carolina: What to Do If You’re Facing Charges After an Accident

Last Updated on February 19, 2025

Reckless driving is no small matter, especially in South Carolina. Whether it’s excessive speeding, improper lane changes, or aggressive driving, reckless behavior behind the wheel can have serious consequences. If you’ve recently been in an accident and now face charges for reckless driving in SC, you probably have questions—and a lot of uncertainty about what comes next. This blog will walk you through the critical steps you should take and the factors you need to consider.

Facing reckless driving charges can feel overwhelming, but the right knowledge and legal preparation can make all the difference. Here’s what you need to know.

What Is Reckless Driving in South Carolina?

Reckless driving is defined under South Carolina Code § 56-5-2920 as “driving a vehicle in such a manner as to indicate a willful or wanton disregard for the safety of persons or property.” Simply put, it goes beyond careless mistakes—it involves deliberate or overtly risky behavior. Law enforcement takes this charge seriously because it can endanger lives.

Examples of reckless driving might include:

• Driving at dangerously high speeds.
• Running red lights or stop signs.
• Aggressive tailgating.
• Weaving in and out of traffic.
• Excessive use of brakes in unsafe situations or street racing.

Reckless driving is considered a misdemeanor in South Carolina, but the penalties can still be severe. If you’re facing charges, understanding the law is your first step toward addressing the situation.

What Are the Penalties for Reckless Driving in SC?

Being charged with reckless driving in South Carolina carries consequences that can affect your life for years. Here’s a quick breakdown of what you might face if convicted:

• Fines: A reckless driving conviction comes with fines of up to $200 for a first offense.
• Jail Time: A reckless driving conviction can result in up to 30 days in jail.
• Points on Your License: Reckless driving adds six points to your driving record. Accumulating 12 or more points could result in the suspension of your license.
• Insurance Consequences: A reckless driving charge can label you as a high-risk driver, which often means significantly higher insurance premiums.
• Impact on Employment: Having a reckless driving misdemeanor on your record could affect job opportunities, particularly roles requiring driving.

These penalties are just the initial impact—reckless driving charges can have lasting consequences on your finances, freedom, and reputation.

Were You in an Accident? Why That Matters

Reckless driving charges filed after an accident bring an additional layer of complexity to the case. If there were injuries or significant property damage involved, prosecutors may treat your case more seriously. The details of the accident—not just your driving behavior—are likely to be heavily scrutinized.

If you face reckless driving charges coupled with an accident, you might also encounter:

• Civil lawsuits for damages filed by the other driver or passengers.
• Increased penalties depending on the severity of the accident.
• Additional charges, such as reckless endangerment.

The stakes are high, so it’s important to know the right steps to take.

Should You Admit Fault at the Scene?

One of the most common concerns following an accident is whether to admit fault. The short answer is no—you should not admit responsibility for the accident either to law enforcement or the other driver.

Here’s why:

• Anything you say at the accident scene can be used against you in court.
• Determining fault involves many factors, which may not be clear immediately after the accident.
• South Carolina follows a comparative negligence system, meaning liability can sometimes be shared.

Focus on exchanging information, remaining calm, and giving a factual statement to the police without admitting fault.

What Should You Do Immediately After the Accident?

Facing reckless driving charges may be intimidating, but your actions immediately following the accident can help or hurt your defense. Here’s what you should do:

1. Check for Injuries: Ensure everyone involved is safe. Call 911 if there are serious injuries.
2. Call Law Enforcement: Always report accidents to the police, especially if there are injuries or significant property damage. A police report will serve as a critical piece of documentation.
3. Document the Scene: Take photos of the accident scene, including vehicle damage, traffic signs, and skid marks. These can be valuable in building your case.
4. Collect Information: Get the names, contact details, and insurance information of all involved parties.
5. Refrain From Speculating: Only provide factual information to law enforcement officers—don’t guess about speeds or circumstances.

By staying composed and focused, you can protect your interests from the get-go.

What Are Possible Defenses to a Reckless Driving Charge?

Reckless driving charges can feel overwhelming, but viable defenses may be available based on the specific circumstances. Some common defenses include:

• Lack of Evidence: The prosecution must prove that your driving was reckless beyond a reasonable doubt.
• Challenging Officer Observations: Human error or misinterpretation of events by the officer could lead to a weak case.
• Emergencies or Necessity: If you were responding to an emergency (e.g., transporting someone to a hospital), this could serve as a defense.
• Disputing the Cause of the Accident: If the accident was caused by poor road conditions or another driver’s error, you may be able to challenge the reckless driving charge.

A solid defense can result in reduced penalties, dismissed charges, or alternative sentencing options.

Can You Avoid a Conviction?

Yes, in some cases, it might be possible to avoid a conviction. Prosecutors may offer alternative resolutions for first-time offenders, including:

• Pre-Trial Intervention (PTI): Completing a PTI program can result in the dismissal of the charges.
• Driving Classes: Enrolling in court-approved driving courses might demonstrate your commitment to improving your driving habits.

Early action and an understanding of your legal options can greatly improve your outcome.

How Can Reckless Driving Charges Affect Your Driving Record and Insurance?

A reckless driving conviction adds six points to your South Carolina driving record. Accumulating too many points within a short time frame could result in a suspended license. Points can remain on your record for up to three years.

On top of that, your insurance rates are likely to increase significantly—and in extreme cases, your policy could be canceled.

Keeping your record clean is critical to minimizing the long-term impact of these charges.

Should You Represent Yourself?

Many individuals charged with reckless driving in SC wonder whether hiring a defense attorney is necessary. The truth is, that reckless driving cases can be complex, and the stakes are high. Attempting to represent yourself may lead to unintentional mistakes or missing key opportunities to reduce your charges.

South Carolina Criminal Defense attorneys have a deep understanding of the law and are experienced in building strong cases that aim to challenge evidence, negotiate with prosecutors, or secure alternative sentencing.

Facing Reckless Driving Charges? Get the Right Legal Support

At the Law Offices of Lori Murray, we understand the stress and uncertainty that come with reckless driving charges. Our team is committed to protecting your rights and helping you achieve the best possible outcome. With years of experience defending South Carolina drivers just like you, we’re ready to help.

Don’t leave your future to chance. Contact us today to schedule a consultation, and take the first step in addressing your reckless driving charges. 

Facing reckless driving charges doesn’t mean the end of the road—get the guidance you need to move forward confidently.