Reckless Driving vs. Reckless Endangerment in Nevada: What the Charge Means

Reckless driving and reckless endangerment share a core phrase, "willful or wanton disregard of the safety of persons or property," but they are different statutes. Reckless driving is in NRS 484B.653 and concerns driving a vehicle. The offense people call reckless endangerment is in NRS 202.595, whose text is not limited to vehicles. If you have been cited or charged, read the statute and subsection named in your paperwork, and speak early with a Las Vegas criminal defense attorney.

Key takeaways

• NRS 484B.653(1)(a) makes it unlawful to drive a vehicle in willful or wanton disregard of the safety of persons or property on a highway or on premises to which the public has access.
• NRS 202.595 uses the same "willful or wanton disregard" wording for any act, or neglect of a duty imposed by law. It begins with "Unless a greater penalty is otherwise provided by statute and except under the circumstances described in NRS 484B.653."
• A reckless driving violation under NRS 484B.653(1)(a) is a misdemeanor, with fine ranges that rise for a second and for a third or later offense (NRS 484B.653(3)). Under NRS 202.595, the base offense is a gross misdemeanor, and it becomes a category C felony if the act or neglect results in substantial bodily harm or death.
• Driving that proximately causes death or substantial bodily harm can fall under NRS 484B.653(9), a category B felony, unless a greater penalty applies.

What does Nevada's reckless driving statute say?

NRS 484B.653(1)(a) makes it unlawful to "drive a vehicle in willful or wanton disregard of the safety of persons or property on a highway or premises to which the public has access." The statute then says that a violation of paragraph (a), (b) or (d) of subsection 1, or of subsection 1 of NRS 484B.550, "constitutes reckless driving." Paragraphs (b) and (d) concern unauthorized speed contests and unauthorized trick driving displays. This article focuses on paragraph (a).

Paragraph (a) does not mention a collision or an injury. It asks how a vehicle was driven. Subsection 2 adds a separate rule for a driver who, while violating certain listed traffic provisions, is the proximate cause of a collision with a pedestrian or a person riding a bicycle, electric bicycle or electric scooter.

What does Nevada's reckless endangerment statute say?

NRS 202.595 says that, unless a greater penalty is otherwise provided by statute and except under the circumstances described in NRS 484B.653, a person who performs any act or neglects any duty imposed by law in willful or wanton disregard of the safety of persons or property is punished in one of two ways:

• If the act or neglect does not result in substantial bodily harm or death of a person, the punishment is for a gross misdemeanor (NRS 202.595(1)).
• If it results in substantial bodily harm or death of a person, the punishment is for a category C felony as provided in NRS 193.130 (NRS 202.595(2)).

The text of NRS 202.595 does not use the phrase "reckless endangerment." That is the common label for the offense. Because the statute covers any act or neglected duty, its text does not tie it to a vehicle or a location. Whether an allegation fits is a question for the lawyer who reads the charging document and the police report.

How do the two statutes compare?

The table summarizes the text of each statute, not how any prosecutor will charge a case.

Although the statutes use overlapping safety language, NRS 202.595 expressly excludes the circumstances described in NRS 484B.653 and defers when another statute provides a greater penalty. It is not an automatic alternative or additional charge whenever reckless driving is alleged. Counsel must assess the conduct, the statutory exception and the actual charging provision.

What penalties can reckless driving carry?

For a violation of NRS 484B.653(1)(a), subsection 3 says the person is guilty of a misdemeanor. The statute sets separate ranges for a first offense, a second offense, and a third and each subsequent offense.

These are statutory ranges, not a prediction. How a prior offense is counted is a question for counsel. NRS 484B.653(10) adds that a person who violates the section may be subject to an additional penalty under NRS 484B.130, 484B.135 or 484B.370, which address work zones, pedestrian safety zones and active school zones and school crossing zones, unless the person is subject to the penalty provided under subsection 4 of NRS 484B.550. This article does not cover license, insurance or record consequences; ask a lawyer about those.

When can reckless driving become a felony?

NRS 484B.653(9) applies when a person, while driving or in actual physical control of any vehicle on a highway or premises to which the public has access, does any act or neglects any duty imposed by law in willful or wanton disregard of the safety of persons or property, and the act or neglect proximately causes the death of, or substantial bodily harm to, another person. The statute calls this a category B felony, unless a greater penalty is provided under subsection 4 of NRS 484B.550.

The statute sets the punishment this way:

• Ordinarily, state prison with a minimum term of not less than 1 year and a maximum term of not more than 6 years, and a fine of not less than $2,000 and not more than $5,000.
• A maximum term of not more than 10 years, with the same fine range, if the violation involves operating a vehicle at a speed of 50 miles per hour or more over the posted limit, or is committed in an area designated as a pedestrian safety zone, a school zone or a school crossing zone.

"Substantial bodily harm" has its own definition in NRS 0.060. It means "bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ," or "prolonged physical pain." Whether medical records meet that definition, and whether the driving was the proximate cause of the harm, are often central questions when a misdemeanor could become a felony.

What does "willful or wanton disregard" mean?

These sections do not define the phrase. NRS 484B.653(11) defines only the terms facilitate, organize and trick driving display. How courts apply "willful or wanton disregard" is a matter of case law, which this article does not cover.

What do lawyers review in these cases?

A lawyer reads the specific allegation before anything else, then asks questions like these:

• Which statute and subsection does the charge cite? NRS 484B.653(1)(a), (9) or another provision, or NRS 202.595.
• Where did it happen? The statute refers to a highway or premises to which the public has access, and zones can change the penalty range.
• What do the records show about speed? In a subsection 9 case, a speed of 50 miles per hour or more over the posted limit can change the maximum term.
• What do the injury records show? The difference between a misdemeanor and a felony can turn on the NRS 0.060 definition.
• Is there a prior offense? The statute sets higher ranges for a second and a third or later offense.
• What does the video show? Dash camera, body camera and surveillance footage can support or undercut an account.

None of this predicts an outcome. It is a way to organize the first conversation with counsel.

What should you do after a citation or charge?

Start with the paperwork, not with explanations to anyone else.

1. Read the citation or charging document. Note the NRS section, the subsection, the court date and the date and place alleged.
2. Keep your own records. Save photographs, messages and the names of anyone who saw what happened.
3. Be careful about statements. Do not discuss the case on social media or with the other driver.
4. Talk to a lawyer before your first court date. Bring the paperwork you received.

We represent clients across Las Vegas, Henderson and North Las Vegas.

Frequently asked questions

No. NRS 484B.653 covers reckless driving. NRS 202.595 covers an act or neglect of a duty imposed by law in willful or wanton disregard of safety, subject to its express exception for circumstances described in NRS 484B.653 and its greater-penalty reservation. Similar wording does not make the offenses interchangeable; the applicable classifications and penalties must be checked separately.

Paragraph (a) of NRS 484B.653(1) does not require a collision or injury. Subsection 9 provides a felony rule where all its conduct, location and proximate-cause conditions are met and another person suffers death or substantial bodily harm. NRS 202.595 has its own injury-based tiers, but expressly excludes the circumstances described in NRS 484B.653; injury alone does not select the statute.

It can be, depending on the allegation. NRS 484B.653(9) describes a category B felony when driving in willful or wanton disregard of safety proximately causes death or substantial bodily harm, unless a greater penalty applies. The classification depends on the facts and on the paragraph actually charged.

The charging document names the statute. NRS 202.595 begins with an exception for the circumstances described in NRS 484B.653 and yields to a greater penalty provided elsewhere. Ask your lawyer to read the citation or complaint with you.

Talk to a Las Vegas attorney about a reckless driving or endangerment charge

If you are facing one of these charges, the statute cited, the location, the injury records and any prior offense can all change the case. Thomas Boley Attorney At Law offers a free, confidential consultation to review your situation.

Contact us for a free consultation or call (702) 435-3333.

This article is general information about Nevada law, not legal advice, and reading it does not create an attorney-client relationship. Laws can change, and every case depends on its own facts. Speak with a licensed Nevada attorney about your situation.

Sources

• NRS 0.060 — "Substantial bodily harm" defined
• NRS 193.120 — Classification of crimes
• NRS 193.130 — Categories and punishment of felonies
• NRS 193.140 — Punishment of gross misdemeanors
• NRS 193.150 — Punishment of misdemeanors
• NRS 202.595 — Performance of act or neglect of duty in willful or wanton disregard of safety of persons or property; penalty
• NRS 484B.653 — Reckless driving, organization of unauthorized speed contests and driving in or facilitating unauthorized trick driving displays prohibited; penalties
• NRS 484B.130 — Double penalty for certain traffic violations committed in work zones
• NRS 484B.135 — Double penalty for certain traffic violations committed in pedestrian safety zones
• NRS 484B.370 — Additional penalty for certain traffic violations committed in active school zone or active school crossing zone
• NRS 484B.550 — Stop required upon signal of peace officer; penalties