Reckless driving and DUI or DWI offenses are separate crimes. Reckless driving isn't a lesser-included offense of DUI or DWI because each crime is separate and distinct and can be proved by different evidence. Reckless driving involves how a vehicle was being operated; it isn't necessary to show that the driver used drugs or alcohol to prove a violation of a reckless driving law. In a prosecution for DUI or DWI, on the other hand, how the vehicle was being operated might tend to show that the driver was impaired, but it's not a necessary ingredient of the offense. In deciding a reckless driving case, a court weighs the nature and degree of risk disregarded by the driver, the nature and purpose of his actions and the circumstances known to the driver while he was driving. The prosecution must show more than the driver's simple, gross or criminal negligence in proving reckless driving. Nevertheless, a driver who gets behind the wheel and drives knowing that he or she is intoxicated or drunk and that his or her physical condition is impaired might be found guilty of reckless driving.
DUI Lawyers