Updated June 2026 by Matthew T. Marin, Esq. (NCDD member, Super Lawyers 2014+, landmark wins in State v. Corcoran (2022)) and Stefanie A. Murphy, Esq. (lead author of A Practical Guide to Trying DUI Cases in RI, 2nd Ed., RI Police Academy lecturer on DUI defense).
Because the potential penalties are severe, it is important to hire a skilled Rhode Island reckless driving lawyer as soon as possible to obtain the best results under the particular facts and law of your case. Your attorney’s knowledge of defenses, sentencing guidelines, and alternative sentencing options will be vital to obtaining the best outcome. Our criminal defense legal team has over 25 years of combined criminal defense experience and can help you fight your reckless driving charges.
Charged with Reckless Driving in Rhode Island?
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What is criminal Reckless Driving in Rhode Island?
Reckless Driving in Rhode Island is a criminal offense as provided in Rhode Island General Law 31-27-4. Unlike many criminal laws that spell out certain elements of a crime, reckless driving makes it illegal to “operate a motor vehicle recklessly so that the lives or safety of the public might be endangered, or operate a vehicle in an attempt to elude or flee from a traffic officer or police vehicle.” However, the law does not define what “recklessly” actually means. If you or a loved one has been charged with reckless driving, call an experienced attorney to help navigate this tricky area of the law.
Why Choose Our Rhode Island Reckless Driving Defense Attorneys:
At Marin & Murphy Law Firm, we are dedicated to providing aggressive and personalized legal representation for individuals facing reckless driving charges in Rhode Island. Reckless driving can lead to severe penalties, including jail time, fines, and a permanent criminal record. With over 50 years of combined criminal defense experience, our attorneys have successfully defended many clients against reckless driving charges. When you choose us to represent you, you can trust that we will:
- Conduct a thorough investigation of the circumstances surrounding your case, carefully reviewing all police reports, witness statements, and any available video footage to uncover potential defenses.
- Examine the legality of the stop and arrest, ensuring that your constitutional rights were respected throughout the process and seeking to suppress any unlawfully obtained evidence.
- Challenge the prosecution’s case by scrutinizing their claims and presenting alternative explanations for your driving behavior, including bad weather conditions, vehicle malfunctions, or misunderstandings.
- Develop a tailored defense strategy that considers all available options, whether that means negotiating with prosecutors for reduced charges or preparing your case for trial.
- Negotiate for reduced or alternative sentencing, such as community service, driving school, or probation, where applicable, to help you avoid jail time and keep your record clean.
- Provide clear and compassionate communication, ensuring that you are informed and supported throughout every step of your case, from the initial consultation to the final resolution.
Our primary goal is to secure the best possible outcome for your case, whether that means reducing the charges, negotiating a dismissal, or achieving a not-guilty verdict at trial. We understand the severe consequences that reckless driving charges can carry and are committed to fighting for your rights with diligence, expertise, and dedication.
What is Rhode Island’s Reckless Driving Statute?
Reckless driving is a criminal offense and is codified in Rhode Island General Law 31-27-4. Reckless eluding, which involves eluding a police officer while operating in a reckless manner, is found in Rhode Island General Law 31-27-4.1 and provides for specific, enhanced penalties above and beyond simple reckless driving.
Is reckless driving a felony or a misdemeanor in RI?
Reckless Driving under Rhode Island General Law 31-27-4 is a misdemeanor for a first offense. However, if you are charged with reckless driving and have a previous conviction, then it can be charged as a felony.
What are the penalties for Reckless Driving in Rhode Island?
A first offense reckless driving under Rhode Island General Law 31-27-4 is a misdemeanor and carries a maximum sentence of one year in prison (ACI). A second offense reckless driving charge is a felony and carries up to five years in prison (ACI).
How likely is jail time for reckless driving?
The crime of reckless driving means that you allegedly put the lives of the public at risk by the operation of your vehicle. Reckless driving cases depend heavily on individual circumstances such as the time of day, weather conditions, and the presence of other people on the road. A key factor examined by the prosecutor is whether other people were injured and, if so, the severity of their injuries. Cases involving significant physical injury often result in substantial jail sentences.
Can you get a reckless driving charge off your record in Rhode Island?
Yes, you can expunge a reckless driving charge from your record. While there are conditions, generally, if you have not been convicted of other offenses, you can expunge a misdemeanor reckless driving conviction five years after the completion of your sentence, or a felony reckless driving conviction ten years after completion.
Can reckless driving charges be dropped? Can you get reckless driving dismissed?
It is possible for reckless driving charges to be dropped or dismissed. Sometimes, this involves negotiating an agreement with a prosecutor to complete out-of-court obligations or a hearing challenging probable cause. It is best to seek the counsel of an experienced attorney to represent you on reckless driving charges. While no lawyer can guarantee a dismissal, hiring the right attorney can significantly increase your chances of a favorable resolution.
Rhode Island Reckless Driving Penalties
| Offense Level | Charge Classification | Possible Jail Time | Maximum Fine |
|---|---|---|---|
| First Offense | Misdemeanor | Up to 1 year | Up to $1,000 |
| Subsequent Offense | Felony | Up to 5 years | Up to $5,000 |
Key takeaway: A reckless driving charge in Rhode Island can escalate quickly. While a first offense is typically a misdemeanor, a second or subsequent offense may be charged as a felony with substantially higher jail exposure and fines.
Can Hiring a Reckless Driving Lawyer Help me Fight my Case?
Yes, it can. As local Rhode Island Reckless Driving Lawyers, we see many of these charges, and there are almost always good defense strategies that can get charges reduced, dismissed, or result in a reasonable arrangement.
If you made a mistake—such as being distracted by your cell phone, adjusting the radio, or eating—you could end up charged with Reckless Driving. If this is the case, you deserve a second chance.
Our team of Rhode Island Criminal Defense Lawyers can help you by:
- Advising you and keeping you updated at all times on the status of your case.
- Arguing for lower bail or personal recognizance.
- Investigating your case and gathering evidence supporting your defenses.
- Making court motions, including a Motion for Discovery to obtain all the evidence, and a Motion to Suppress evidence, which, if successful, could lead to your case being dismissed.
- Evaluating all legal defenses available, which may include errors by the arresting officer, evidence you were not driving, improper stop and arrest, etc.
- Seeking Reduction of the Charges.
- Representing You at Trial or Plea Bargain.
- Seeking alternative sentencing, including rehabilitation programs or community service where available.
Call for a consultation today. To discuss your criminal charges with an aggressive Rhode Island Reckless Driving Lawyer, call 401-228-8271 or email us at mm@matthewtmarin.com.
Rhode Island Reckless Driving Law
- 31-27-4 Reckless driving and other offenses against public safety – Any person who operates a vehicle recklessly so that the lives or safety of the public are endangered, or attempts to elude a police officer, is guilty of a misdemeanor for the first conviction and a felony for subsequent convictions.
