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Last updated October 4, 2026.

Yes, but at the lowest grade. Reckless driving is a summary offense with a fine of $200, defined as driving "in willful or wanton disregard for the safety of persons or property" (75 Pa.C.S. 3736). The bigger consequence is usually the license: a conviction brings a six-month PennDOT suspension (75 Pa.C.S. 1532(b)(1)).

Reckless driving is often confused with careless driving, which is a lesser charge, and it sits close to the line where a crash becomes a felony. This page explains the differences. For our overall criminal practice see our criminal defense page. DUI matters are covered on our DUI defense page.

How does a reckless driving case move, step by step?

  1. The citation. The officer issues it at the scene or files it later; it names the district court. In Delaware County that is one of the courts listed in which Delaware County district court hears your case.
  2. Ten days to respond. You plead guilty or not guilty (Pa.R.Crim.P. 407).
  3. The summary trial. If you plead not guilty, the district judge hears the case without a jury.
  4. Thirty days to appeal. A conviction or guilty plea can be appealed for a new trial in the Court of Common Pleas (Rule 460).
  5. PennDOT. After a conviction, PennDOT receives the record and mails a six-month suspension notice with an effective date.
  6. The license appeal window. A separate 30-day period to appeal the suspension runs from the mailing date of PennDOT's notice.

What is the difference between reckless and careless driving?

ChargeStandardGrade and fineLicense
Reckless driving (3736)"Willful or wanton disregard" for safetySummary; $2006-month suspension (1532(b)(1))
Careless driving (3714(a))"Careless disregard" for safetySummary3 points (1535; PennDOT point system fact sheet)
Careless driving causing serious bodily injury (3714(c))Same, unintentionally causing serious bodily injurySummary; $2503-month suspension (1532(b)(5))
Careless driving causing death (3714(b))Same, unintentionally causing deathSummary; $5006-month suspension (1532(b)(1))

The difference is the mental state the statute describes: "careless disregard" for careless driving, "willful or wanton disregard" for reckless driving. Whether the facts behind a citation reach the higher standard is often the question that matters most.

Is a summary offense a criminal record?

A summary offense is the lowest grade of crime in Pennsylvania, with a maximum of 90 days in jail under 18 Pa.C.S. 1105, though the Vehicle Code sets reckless driving's penalty at a $200 fine. Like other summary offenses, it starts with a citation that must be answered within ten days, and paying it by mail is a guilty plea (Pa.R.Crim.P. 407 and 409). A conviction can be sealed automatically five years later, or expunged by petition after five arrest-free years (18 Pa.C.S. 9122.2(a)(3) and 9122(b)(3)). Our page on summary offenses in Pennsylvania walks through the citation, trial and appeal.

What happens to my license?

PennDOT suspends the operating privilege for six months on receiving a certified record of a reckless driving conviction (1532(b)(1)). Reckless driving does not appear in the point schedule of 75 Pa.C.S. 1535; the six-month suspension is its license sanction. As with other suspensions, PennDOT mails a notice with an effective date, and its manual says the suspension can be appealed to the Court of Common Pleas in your county of residence within 30 days of the mailing date.

Commercial drivers face an added risk. PennDOT lists reckless driving as a "serious traffic offense" whether it happens in a commercial vehicle or a personal one. Two serious traffic offenses within three years bring a 60-day commercial disqualification, and three bring 120 days (75 Pa.C.S. 1611(g); PennDOT disqualification FAQ). See what a DUI or traffic conviction means for a commercial license for the CDL rules.

Can a DUI be reduced to reckless driving?

Not at the early stage without the prosecutor's agreement. The judge at a preliminary hearing or preliminary arraignment on a DUI charge may not "reduce or modify the original charges without the consent of the attorney for the Commonwealth" (75 Pa.C.S. 3812). Any resolution that replaces a DUI with a traffic charge has to come through the District Attorney. For a first DUI, ARD is another possible route; our first offense DUI page discusses the options.

When does bad driving become a felony?

When someone dies. Homicide by vehicle applies to a person who "recklessly or with gross negligence" causes a death while violating a traffic law other than DUI, and it is a third-degree felony (75 Pa.C.S. 3732(a)), with up to five more years possible in an active work zone or with certain other violations such as driving while suspended or texting (3732(b)). A conviction brings a three-year license suspension (1532(a.1)). Crashes involving DUI are covered separately in what happens when a DUI involves a crash with injuries.

What changes the answer?

  • The driving itself. The line between "careless disregard" and "willful or wanton disregard" decides whether the charge is careless or reckless driving.
  • Injury or death. Careless driving that causes serious bodily injury or death carries higher fines and suspensions (3714(b) and (c)), and a death caused recklessly or with gross negligence can be homicide by vehicle, a felony (3732).
  • Alcohol or drugs. If impairment is charged, the case is a DUI with its own rules; reckless driving cannot replace it at the preliminary stage without the prosecutor (3812).
  • A commercial license. Reckless driving counts as a serious traffic offense for CDL holders in any vehicle.
  • Where you are licensed. PennDOT suspends the Pennsylvania privilege of out-of-state drivers for reckless driving and reports the conviction home; see what happens when an out-of-state driver is charged in Pennsylvania.
  • Driving during the suspension. Driving while suspended is its own offense (75 Pa.C.S. 1543), with harsher penalties when the suspension is DUI-related.

For example: a citation after weaving through traffic

Here is a hypothetical. A driver is cited for reckless driving on a busy road in Delaware County after an officer sees him weaving between lanes at high speed. Nobody is hurt. He is tempted to mail in the $200 fine, but a guilty plea would lead to a six-month PennDOT suspension, and he drives for work.

He pleads not guilty within ten days and a trial is set at the district court. At trial, the question is whether the driving showed willful or wanton disregard for safety or only careless disregard, which is a lesser summary charge with points instead of a six-month suspension. If he is convicted, he still has 30 days to appeal for a new trial in the Court of Common Pleas in Media, and a separate 30 days from PennDOT's mailing date to appeal the suspension. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with a reckless driving citation?

  • Paying it to make it go away. Paying by mail is a guilty plea, and the guilty plea is what triggers the six-month suspension.
  • Ignoring the ten-day deadline. An unanswered citation served personally or by certified mail leads to a bench warrant (Rule 430).
  • Driving after the suspension starts. That is a new offense under 1543.
  • Forgetting the commercial license. One reckless driving conviction counts toward the serious traffic offense rules.
  • Missing either appeal. The court appeal and the PennDOT appeal have separate 30-day windows.
  • Talking about the speed or the cause of a crash at the scene. Those statements often decide which charge is filed.

What should I do this week?

  1. Respond within ten days of the citation; ignoring a citation that was served on you personally or by certified mail leads to a bench warrant (Pa.R.Crim.P. 407 and 430).
  2. Do not pay it just to make it go away. Paying by mail is a guilty plea, and the guilty plea is what triggers the six-month suspension.
  3. If you already paid, the deadline to appeal for a new trial in the Court of Common Pleas is 30 days from the guilty plea (Rule 460). In Delaware County, summary appeals are handled by the Criminal Division of the Office of Judicial Support.
  4. Keep any PennDOT notice and its envelope; the 30-day appeal period for a suspension runs from the mailing date. Our page on when PennDOT suspends a license explains how those notices work.
  5. If there was a crash, keep your insurance information and any medical records, since injuries can change which charges are filed.
  6. Write down the road, the traffic, the weather and what the officer said, while you still remember.

Frequently asked questions

Does reckless driving add points?

No. Reckless driving is not on the point schedule in 1535; its license sanction is the six-month suspension under 1532(b)(1). Careless driving carries 3 points.

Can I get jail for reckless driving?

The Vehicle Code sets the penalty for reckless driving at a $200 fine (3736). Related charges in the same incident, such as driving while suspended, can carry jail.

Will reckless driving show on a background check?

A summary conviction can appear until it is sealed or expunged; Clean Slate seals summary convictions five years after conviction. See expungement, limited access and Clean Slate.

Can I be charged with reckless driving and DUI together?

Yes. The two offenses have different elements, so a DUI complaint often lists traffic charges alongside it. What changes is how the case can be resolved: at the preliminary stage the DUI cannot be reduced or modified without the District Attorney's consent (75 Pa.C.S. 3812), and in Delaware County the DUI-ARD track is for cases with only DUI and related traffic offenses. The first steps of a DUI case are laid out in what happens after a DUI arrest in Delaware County.

Is careless driving better than reckless driving on my record?

Careless driving is also a summary offense, but its standard is "careless disregard" rather than "willful or wanton disregard," and without an injury or death it carries points rather than a six-month suspension (3714; 1535). With serious bodily injury or death, its fines and suspensions rise.

Is reckless driving a misdemeanor?

No, it is a summary offense, the grade below misdemeanors. The full ladder is on our criminal penalties chart.

Where is the appeal heard in Delaware County?

A summary appeal is a new trial in the Court of Common Pleas in Media; the offices involved are described in what to expect at the Delaware County Courthouse.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a reckless or careless driving citation.

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