(a) Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving.
(b) Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five days nor more than 90 days, or by fine of not less than $25.00 nor more than $500.00, or by both such fine and imprisonment, and on a second or subsequent conviction shall be punished by imprisonment for not less than 10 days nor more than six months, or by a fine of not less than $50.00 nor more than $500.00, or by both such fine and imprisonment, and the court may prohibit the person so convicted from driving a motor vehicle on the public highways of this state for a period not exceeding six months, and the license of the person shall be suspended for such period by the Director of Public Safety pursuant to Section 32-5A-195.
(c) Neither reckless driving nor any other moving violation under this chapter is a lesser included offense under a charge of driving while under the influence of alcohol or drugs.
(Acts 1980, No. 80-434, p. 604, §9-101.)
Notes of Decisions
Ex Parte Long, 600 So. 2d 982 (Ala. 1992).
· cites it 3× “" *986 If the jury had been instructed on homicide by vehicle, it might have found that Long "unlawfully and unintentionally" caused Simmons's death by operating his vehicle in violation of any of the following statutes: "§ 32-5A-190. Reckless driving. "(a) Any person who drives…”
Ex Parte Edwards, 816 So. 2d 98 (Ala. 2001).
“[8] § 32-5A-190, Ala.Code 1975. [9] § 32-5A-213, Ala.”
John Woodruff vs Trussville, City of, Don Sivley, Eric Adams, 434 F. App'x 852 (11th Cir. 2011).
“to distance himself from the SUV he thought was following him; (2) after Woodruff exited the interstate, Adams observed Wood-ruff operate his vehicle in violation of traffic laws, including making improper lane changes; and (3) Woodruff failed to pull over immediately when Adams…”
Burnett v. State, 807 So. 2d 573 (Ala. Crim. App. 1999).
“Moreover, the court in Ex parte Long, citing Ex parte Jordan, supra, determined that "`the range of statutes and ordinances that might support a conviction of vehicular homicide includes offenses that are more culpable than criminal negligence, such as § 32-5A-191, driving under…”
B.E.S. v. State, 629 So. 2d 761 (Ala. Crim. App. 1993).
· cites it 2× “The evidence adduced by the State might have supported a number of criminal charges, including reckless driving, 1 Ala.Code 1975, § 32-5A-190, reckless endangerment, § 13A-6-24, or menacing, § 13A-6-23.”
Jones v. Town of Courtland, 452 So. 2d 1380 (Ala. Crim. App. 1984).
· cites it 2× “On October 20, 1983, a jury convicted Jones of reckless driving in violation of Ala.Code § 32-5A-190. He was sentenced to a term of 30 days in the county jail and fined $225.”
Krumm v. City of Robertsdale, 648 So. 2d 651 (Ala. Crim. App. 1994).
“Krumm, was convicted of driving under the influence of alcohol in violation of § 32-5A-191(a)(2), Code of Alabama 1975, and of reckless driving in violation of § 32-5A-190, Code of Alabama 1975. He was sentenced to 9 months’ incarceration on the driving under the influence…”
Zann v. State, 17 So. 3d 1222 (Ala. Crim. App. 2009).
· cites it 2× “The offense of reckless driving is set out in § 32-5A-190, Ala.Code 1975, as follows: “(a) Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or without due caution and circumspection and at…”
State v. Esco, 911 So. 2d 48 (Ala. Crim. App. 2005).
“is a lesser included offense under a charge of driving while under the influence of alcohol or drugs.”
Woods v. State, 224 So. 3d 677 (Ala. Crim. App. 2016).
“Code 1975, and reckless driving, see § 32-5A-190, Ala. Code 1975. 2 Before trial, however, the State dismissed the reckless-driving charge.”
Hargrove v. City of Rainbow City, 619 So. 2d 944 (Ala. Crim. App. 1993).
· cites it 3× “While Hargrove may dispute some of these facts as testified to by the officer, in light of our standard of review, this Court holds that there was sufficient evidence from which the trial court could have concluded Hargrove was guilty of driving under the influence of alcohol…”
— Ala. Code § 32-5A-190(a) — 5 cases
John Woodruff vs Trussville, City of, Don Sivley, Eric Adams, 434 F. App'x 852 (11th Cir. 2011).
“to distance himself from the SUV he thought was following him; (2) after Woodruff exited the interstate, Adams observed Wood-ruff operate his vehicle in violation of traffic laws, including making improper lane changes; and (3) Woodruff failed to pull over immediately when Adams…”
Zann v. State, 17 So. 3d 1222 (Ala. Crim. App. 2009).
“The offense of reckless driving is set out in § 32-5A-190, Ala.Code 1975, as follows: “(a) Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or without due caution and circumspection and at…”
Hargrove v. City of Rainbow City, 619 So. 2d 944 (Ala. Crim. App. 1993).
“While Hargrove may dispute some of these facts as testified to by the officer, in light of our standard of review, this Court holds that there was sufficient evidence from which the trial court could have concluded Hargrove was guilty of driving under the influence of alcohol…”
— Ala. Code § 32-5A-190(c) — 2 cases
State v. Esco, 911 So. 2d 48 (Ala. Crim. App. 2005).
“is a lesser included offense under a charge of driving while under the influence of alcohol or drugs.”
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