04. Speeding and reckless driving. (a) No vehicle shall be operated at a greater rate of speed than permitted by the regulations adopted under the authority of this part. (b) A person commits the offense of reckless driving if the person drives a motor vehicle on any highway in the District: (1) At a speed of 20 miles per hour or more in excess of the speed limit; or (2) In any other manner that displays a conscious disregard of the risk of causing property damage or bodily injury to any person. (c) A person commits the offense of aggravated reckless driving if the person drives a motor vehicle on any highway in the District: (1) At a speed of 30 miles per hour or more above the speed limit; or (2) At a speed of 20 miles per hour or more above the speed limit; and (A) Causes bodily injury to any other person; (B) Collides with another motor vehicle; or (C) Causes $1,000 or more in property damage. (d) A person convicted of reckless driving shall: (1) For a first or second conviction of reckless driving, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 90 days, or both; and (2) For a third or subsequent conviction for reckless onviction of reckless driving, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 90 days, or both; and (2) For a third or subsequent conviction for reckless driving within a 2-year period, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than one year, or both. (e) A person convicted of aggravated reckless driving shall be: (1) For a first or second conviction of aggravated reckless driving, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days, or both; and (2) For a third or subsequent conviction for aggravated reckless driving within a 2-year period, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 2 years, or both. (f) When determining whether a defendant has a prior conviction for reckless driving or aggravated reckless driving, the Court shall include convictions for any offense from another state or territory of the United States which, if committed in the District of Columbia, would constitute reckless driving or aggravated reckless driving, respectively. s for any offense from another state or territory of the United States which, if committed in the District of Columbia, would constitute reckless driving or aggravated reckless driving, respectively. (g)(1) The Attorney General may bring a civil cause of action in the Superior Court of the District of Columbia: (A) In personam, against any driver who is suspected of violating this section; or (B) In rem, against any motor vehicle operated by a driver in a manner that violates this section. (2) The Attorney General shall not bring a civil cause of action as described in paragraph (1) of this subsection against any person or motor vehicle: (A) Regarding a violation of this section for which the fine imposed pursuant to regulations adopted under subsection (a) of this section: (i) Is being contested or appealed; (ii) Is not yet due; (iii) Has been paid by the defendant; or (iv) Is subject to a payment plan through which the defendant is making timely payments; or (B) Who is currently serving or has completed serving the sentence imposed pursuant to subsection (d) or subsection (e) of this section. plan through which the defendant is making timely payments; or (B) Who is currently serving or has completed serving the sentence imposed pursuant to subsection (d) or subsection (e) of this section. (3) In civil actions brought pursuant to paragraph (1) of this subsection, the Attorney General may seek: (A) Payment of any portion of the person's outstanding fines; (B) Reasonable attorney's fees; (C) For a defendant with a driver's license issued by: (i) The District, the suspension or revocation of the defendant's driver's license; or (ii) Another jurisdiction, the suspension or revocation of the defendant's privilege to drive in the District; and (D) The immobilization of the motor vehicle through booting or towing and impoundment. (4) If a court orders the immobilization of a motor vehicle through booting or towing and impounding pursuant to paragraph (3)(D) of this subsection, the court's order: (A) Shall include a procedure to have the boot removed or the motor vehicle reclaimed from impoundment that is consistent with the requirements of § 50-2421.09 and District government policy; and (B) May state a date after which, if the order has not been complied with, the Mayor may from impoundment that is consistent with the requirements of § 50-2421.09 and District government policy; and (B) May state a date after which, if the order has not been complied with, the Mayor may auction or scrap the motor vehicle consistent with §§ 50-2421.08 and 50-2421.10. (5) The Attorney General may seek to enforce any final judgment in a case brought pursuant to paragraph (1) of this subsection in any court of competent jurisdiction. (6) The Attorney General may retain outside counsel to perform any of the functions described in this subsection. (Mar. 3, 1925, 43 Stat. 1123, ch. 443, § 9; July 3, 1926, 44 Stat. 814, ch. 739, § 5; Feb. 27, 1931, 46 Stat. 1427, ch. 317, § 4; June 24, 1936, 49 Stat. 1901, ch. 749; Nov. 25, 1942, 56 Stat. 1023, ch. 642, § 1; Sept. 12, 1978, D.C. Law 2-104, § 601, 25 DCR 1275; Sept. 14, 1982, D.C. Law 4-145, § 7, 29 DCR 3138; Apr. 5, 2005, D.C. Law 15-289, § 2(c), 52 DCR 1446; Apr. 27, 2013, D.C. Law 19-266, § 102(c), 59 DCR 12957; June 8, 2013, D.C. Law 19-316, § 2, 60 DCR 1713; June 11, 2013, D.C. Law 19-317, § 113(e), 60 DCR 2064; Dec. 23, 2020, D.C. Law 23-158, § 8(c), 67 DCR 13057; Apr. 20, 2024, D.C. 102(c), 59 DCR 12957; June 8, 2013, D.C. Law 19-316, § 2, 60 DCR 1713; June 11, 2013, D.C. Law 19-317, § 113(e), 60 DCR 2064; Dec. 23, 2020, D.C. Law 23-158, § 8(c), 67 DCR 13057; Apr. 20, 2024, D.C. Law 25-161, § 4(c), 71 DCR 2248; Sept. 18, 2024, D.C. Law 25-217, § 6082(c)(3), 71 DCR 9990.) Prior Codifications 1981 Ed., § 40-712. 1973 Ed., § 40-605. Section References This section is referenced in § 4-501, § 23-581, § 50-329.05, § 50-2201.05b, § 50-2201.27, and § 50-2302.02. Effect of Amendments D.C. Law 15-289 rewrote subsec. (c) which had read: '(c) Any individual violating any provision of this section where the offense constitutes reckless driving shall upon conviction for the 1st offense be fined not more than $250 or imprisoned not more than 3 months, or both; and upon conviction for the 2nd or any subsequent offense committed within 2 years from the date of any such previous offense such individual shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.' The 2013 amendment by D.C. Law 19-266 substituted '$2,500' for '$1,000' in (c). The 2013 amendment by D.C. individual shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.' The 2013 amendment by D.C. Law 19-266 substituted '$2,500' for '$1,000' in (c). The 2013 amendment by D.C. Law 19-316 rewrote (b) and (c); added (b-1) and (c-1); substituted 'aggravated reckless driving' for 'reckless driving' in (d); and added (e). The 2013 amendment by D.C. Law 19-317 added the subsection designated herein as (f). Cross References Alcoholic beverage control, operation of trains, streetcars, and other vehicles by intoxicated persons, see § 25-1009. Compensation of victims of violent crime, 'crime of violence,' 'crime,' and 'victim' defined, see § 4-501. Criminal procedure, warrantless arrests, see § 23-581. Traffic adjudication, violations prosecuted as criminal offenses, see § 50-2302.02. Applicability Section 7282 of D.C. Law 25-217 amended section 14(a) of D.C. Law 23-158 removing the applicability provision impacting this section. Therefore the amendment of this section by section 8(c) of Law 23-158 has been implemented. Section 6082(e) of D.C. Law 25-217 amended section 8 of D.C. Law 25-161 removing the applicability provision impacting this section. f this section by section 8(c) of Law 23-158 has been implemented. Section 6082(e) of D.C. Law 25-217 amended section 8 of D.C. Law 25-161 removing the applicability provision impacting this section. Therefore the amendment of this section by section 4(c) of Law 25-161 has been implemented. Section 6082(e) of D.C. Act 25-506 amended section 8 of D.C. Law 25-161 removing the applicability provision impacting this section. Therefore the amendment of this section by section 4(c) of Law 25-161 has been implemented. Applicability of D.C. Law 25-161: § 8 of D.C. Law 25-161 provided that the change made to this section by § 4(c) of D.C. Law 25-161 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Applicability of D.C. Law 23-158: § 14 of D.C. Law 23-158 provided that the change made to this section by § 8(c) of D.C. Law 23-158 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 6082(c)(3) of Fiscal Year 2025 Budget oved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 6082(c)(3) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406). For temporary (90 day) amendment of section, see § 102(c) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387). For temporary amendment of (c), see § 102(c) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774). For temporary (90 days) amendment of this section, see § 102(c) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410). For temporary (90 days) amendment of this section, see § 113(e) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). 0 DCSTAT 410). For temporary (90 days) amendment of this section, see § 113(e) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). For temporary (90 days) amendment of this section, see § 102(c) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360). For temporary (90 days) amendment of this section, see § 2 of the Reckless Driving Emergency Act of 2013 (D.C. Act 20-75, May 23, 2013, 60 DCR 7597, 20 DCSTAT 1428).
District of Columbia Legal Code