Careless vs. Reckless Driving in Mississippi: Key Legal Differences & Penalties

Driving on Mississippi roads can be unpredictable, and law enforcement officers frequently issue tickets for poor driving behaviors. However, the specific charge written on your citation makes a massive difference for your future. There is a distinct legal threshold separating careless driving from reckless driving in Mississippi. One is a simple traffic ticket; the other is a misdemeanor that can skyrocket your insurance rates, establish civil liability in a personal injury lawsuit, and result in jail time for repeat convictions. Whether you were pulled over in Jackson, Gulfport, or Biloxi, it is vital to understand the charges you face. If you have been ticketed, you should search our U.S. Lawyer Directory to find an experienced local traffic attorney who can help downgrade or dismiss the charge.

Under Miss. Code Ann. § 63-3-1213, careless driving involves operating a vehicle in a manner that is not careful or prudent, but without the conscious disregard for safety. Reckless driving, governed by Miss. Code Ann. § 63-3-1201, requires a willful or wanton disregard for the safety of persons or property. Courts, such as the Hinds County Justice Court, Jackson, analyze the driver's intent. Below, we explore specific driving scenarios and how Mississippi law applies to each.

When Aggressive Tailgating Becomes Reckless

Tailgating is inherently dangerous, but it is not always classified as reckless. If you momentarily follow too closely on a highway because traffic suddenly slowed down, an officer will likely issue a citation for careless driving. However, if you aggressively ride the bumper of another driver for miles, flashing your high beams and swerving aggressively in a fit of road rage, your actions demonstrate a willful disregard for safety. The Mississippi Highway Patrol, Jackson frequently charges aggressive tailgaters with reckless driving, especially if it leads to a collision.

Brake-Checking Liabilities

Brake-checking-intentionally slamming on your brakes to scare or retaliate against a driver tailgating you-is highly illegal. Because brake-checking involves a deliberate, conscious choice to create a hazard, Mississippi courts routinely classify this as reckless driving. If your brake-checking causes the driver behind you to crash, precedents similar to Barnes v. State, 162 So. 2d 865 (MS Supreme Court 1964) highlight that you can be held both criminally responsible and civilly liable for all property damage and medical bills resulting from the crash.

Swerving to Avoid Animals

Driving through rural Mississippi often means encountering deer or livestock on the road. If you jerk the steering wheel to avoid a deer, lose control, and crash into a ditch, the responding officer may cite you for careless driving for failing to maintain control of your vehicle. Because your intent was to avoid an accident rather than cause one, this scenario almost never meets the statutory definition of reckless driving. An experienced defense lawyer can often get a careless driving ticket dismissed if the swerve was a reasonable reaction to a sudden emergency.

Step-by-Step Process in Mississippi

If you receive a Form UTT, Mississippi, Department of Public Safety, Uniform Traffic Ticket, taking immediate action can prevent the charge from ruining your driving record.

Step 1: Do Not Prepay the Ticket

Prepaying a reckless driving ticket is an automatic admission of guilt. It will go on your permanent driving record with the Mississippi Department of Public Safety, Jackson. Always consult an attorney before paying any fines.

Step 2: Hire a Local Traffic Defense Attorney

Find an attorney from our directory who regularly practices in the specific county justice court where you were ticketed, such as the Harrison County Justice Court, Gulfport. They will handle negotiations with the local prosecutor.

Step 3: Negotiate to Downgrade the Charge

Your attorney's primary goal will be to negotiate a plea agreement, convincing the prosecutor to downgrade the reckless driving charge to simple careless driving, or even a non-moving violation, to protect your insurance rates.

Step 4: Attend Court or Traffic School

If a deal is reached, you may need to pay a reduced fine or attend a state-approved defensive driving course. In many careless driving cases, successful completion of traffic school can result in the charge being completely dismissed.

How Much Does it Cost in Mississippi?

The financial penalties differ vastly between the two charges, not including the long-term cost of increased insurance premiums.

How Long Does the Process Take?

Resolving a traffic ticket in Mississippi usually takes 30 to 60 days from the date of the citation. If your attorney negotiates a dismissal contingent upon you completing traffic school, the court will typically grant you 90 days to finish the course and submit your certificate of completion.

Frequently Asked Questions (FAQ)