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Reckless Driving
Reckless driving is the phrase most people use when they are ticketed for driving that an officer believes was unsafe. In Missouri, the charge that actually appears on the ticket and in court is usually called careless and imprudent driving. The name may be different, but the consequence is the same. You are facing a criminal misdemeanor, DMV points, rising insurance costs, and the real risk of a permanent record that can follow you for years. If you were cited anywhere in Taney, Stone, or Christian County, Scrivner Law Firm is ready to step in, protect your rights, and work to keep your record clean. As a former Stone County prosecutor with more than 20 years of experience, attorney Dayrell Scrivner knows how these cases are built and how they can be dismantled in local courts around Branson, Forsyth, Hollister, Merriam Woods, Rockaway Beach, Nixa, Ozark, and surrounding communities.
Missouri Law: What “Reckless Driving” Really Means
In Missouri, the statute that covers what most people call reckless driving is the careless and imprudent driving law. It requires every driver to operate a vehicle with the highest degree of care, meaning the same level of caution a very careful person would use under similar conditions. The law is violated if a person drives in a manner that is not careful and prudent or at a speed that endangers someone’s life, limb, or property. If the offense involves an accident, the charge is elevated. By default, careless and imprudent is a Class B misdemeanor. If an accident is involved, it becomes a Class A misdemeanor. Recent updates also make clear that stunt driving is prohibited.
Elements prosecutors must prove
Missouri appellate courts have spelled out what the State must prove beyond a reasonable doubt. In plain language, prosecutors need evidence that you 1) operated a motor vehicle on a road or highway, 2) failed to exercise the highest degree of care in the way you drove, and 3) by doing so, endangered life, limb, or property. When the State charges the “involving an accident” version, it must also prove that an accident resulted. Courts repeatedly warn that a crash alone is not enough. There must be proof of careless or imprudent driving, not just proof of damage.
Penalties and Collateral Consequences
Even a first conviction can have ripple effects that last far longer than a fine.
A conviction under the state statute results in 4 points on your license. Municipal ordinance versions typically add 2 points. Missouri’s point system is unforgiving. Accumulate 8 or more points in 18 months and the Department of Revenue will suspend your driving privilege. Accumulate 12 points in 12 months, 18 in 24 months, or 24 in 36 months and your license will be revoked for one year. Those points also trigger steep insurance hikes.
On the criminal side, a Class B misdemeanor carries up to six months in the county jail. A Class A misdemeanor carries up to one year in the county jail. Judges can also impose probation, community service, driving school, or other conditions, and every conviction adds a searchable criminal record.
Commercial drivers face even higher stakes. The same ticket that a non CDL driver might resolve with minimal damage can end a trucking career once points are assessed and employers see the conviction on a motor vehicle record.
Common Fact Patterns We See
No two cases are the same, but reckless or careless and imprudent citations often come out of the same types of situations.
Speed too fast for conditions
A driver may be within the posted limit yet still cited if rain, ice, gravel, or darkness made that speed unsafe. The question is not what the sign said. The question is whether the State can prove, with specific facts, that the chosen speed endangered others. Appellate courts have warned that vague testimony about “fast” driving is not enough on its own.
Lane departures and evasive maneuvers
A sudden swerve to avoid a hazard can look bad in the moment, especially to a trailing officer. But evasive action is often the careful and prudent choice in context. We use video, 911 timing, and witness statements to show why a split second maneuver was reasonable.
Single vehicle accidents
Many C and I tickets are written after a one car crash on a curve or gravel road. The State still must show what was careless about the driving. Mechanical failures, unseen surface changes, or obstruction by animals or debris can explain a loss of control without any criminal culpability. Appellate cases underscore that a crash alone does not prove guilt.
Alleged aggressive driving or passing
Passing on the right, cutting too close when merging, or accelerating to enter a gap are commonly cited as careless. We focus on the objective facts. Was there sufficient lane width. What did traffic ahead actually do. Was there an emergency vehicle, work zone, or school zone involved. The closer the State gets to specifics, the more room there is for reasonable doubt about endangerment.
Points, License Risk, and Insurance
A reckless driving conviction is not only about fines. The immediate consequence is points. Four points for a state law conviction can quickly become a 30 day suspension if you reach the 8 point threshold within 18 months. A second suspension is 60 days, and a third or subsequent is 90 days. Larger point totals result in a one year revocation. Insurance carriers use point data to re rate drivers, which often means higher premiums for three years or more. We aim to avoid a conviction that posts any points at all. Where appropriate, we negotiate for amendments to non moving violations that avoid points and preserve your driving privilege.
What To Do After You Are Cited
- Do not pay the ticket online before you talk with counsel. Payment is usually the same as a guilty plea and will place points on your record.
- Preserve evidence. Save dash cam clips, photos of the scene, and contact information for passengers or witnesses.
- Write down what happened. Small details about weather, lighting, traffic, and road surface can become decisive later.
- Check your driving record. Knowing your current point total helps us plan the best strategy to avoid a suspension.
- Call a local lawyer who knows the judges and prosecutors in Taney, Stone, and Christian Counties. Local practice and procedure matter in traffic courts.
How Scrivner Law Firm Builds Your Defense
Local knowledge, prosecutor insight
As a former prosecutor in this region, Dayrell Scrivner understands how charging and amendment decisions are made behind the scenes. That perspective can be the difference between a conviction that adds points and a negotiated outcome that protects your license.
Investigation that goes deeper than the ticket
We obtain the patrol car and body camera video, dispatch logs, and any data downloads that exist. We interview witnesses and, when appropriate, consult with accident reconstruction experts. The goal is simple. We want the full story before you ever step into a courtroom.
Smart negotiation and ready trial work
Many reckless driving cases resolve through amendment to a non moving violation or a deferred disposition that keeps points off your record. When trial is the right choice, we are ready to cross examine the State’s witnesses on the specific elements the law actually requires and to argue the reasonable, fact based story that jurors respect.
FAQs
Is careless and imprudent driving the same as reckless driving?
In everyday conversation, yes. In Missouri courtrooms and on tickets, the charge is almost always listed as careless and imprudent driving.
How many points will I get?
Under the state statute, 4 points. Under most municipal ordinances, 2 points. Points can trigger a suspension or a one year revocation depending on how many you have and how quickly they accumulate.
Will I go to jail?
Jail time is possible because this is a misdemeanor. The maximum ranges are up to six months for a Class B and up to one year for a Class A. In practice, outcomes depend on your record, the facts, and how the case is handled. Many first time cases resolve without jail and without points.
Can you keep this off my record?
Often, yes. The strategy depends on your driving history and the facts. In many cases we can negotiate an amendment to a nonmoving violation or secure a disposition that avoids a conviction posting to your record. The earlier you call, the more options we have.
Where We Work
Scrivner Law Firm represents clients across Southwest Missouri, including Taney, Stone, and Christian Counties. We regularly appear in courts serving Branson, Forsyth, Hollister, Kimberling City, Reeds Spring, Nixa, Ozark, Clever, Sparta, and nearby communities. If your citation came from Highway 65, Highway 248, 76 Country Boulevard, or a neighborhood street in or around Branson, we know the terrain and the procedure.
Call For Help Today
A reckless driving ticket is not just another traffic matter. It is a criminal charge with real consequences for your freedom, your license, and your budget. Do not go it alone and do not plead guilty online without first speaking to a lawyer who knows how to protect you. Scrivner Law Firm is ready to help, from quick point saving amendments to full trials when the State cannot meet its burden.
If you or someone you care about has been cited for careless and imprudent driving anywhere in Taney, Stone, or Christian County, call Scrivner Law Firm or contact us through our website. We will review the facts, explain your options, and get to work right away on a defense that protects your record and your license.