Alaska Statutes
Alaska Stat. § 28.35.040 (2026)
[Renumbered as
✓ current as of July 2026
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Notes of Decisions
Cited in 20
cases, 1967–2014 · leading case: Comeau v. State, 758 P.2d 108 (Alaska Ct. App. 1988).
Comeau v. State, 758 P.2d 108 (Alaska Ct. App. 1988). “At trial, he requested an instruction allowing the jury to consider reckless driving, AS 28.35.040, as a lesser-included offense of DWI.”
Bertilson v. State, 64 P.3d 180 (Alaska Ct. App. 2003). “Under AS 28.35.040, to prove reckless driving, the State has to show that a person drove "in a manner that creates a substantial and unjustifiable risk of harm to a person or to property.”
Newsom v. State, 199 P.3d 1181 (Alaska Ct. App. 2009). “400(a)-formerly numbered AS 28.35.040. This latter offense consists of "[driving] in a manner that creates a substantial and unjustifiable risk of harm to a person or to property"-with "substantial and unjustifiable risk" defined as "a risk of such a nature and degree that…”
Bertram v. Harris, 423 P.2d 909 (Alaska 1967). “030 [4] and Section 19-23 of the Anchorage Code [5] by driving while under the influence of intoxicating liquor; and (4) that appellee was guilty of driving his vehicle in a reckless and careless manner in violation of AS 28.35.040(a). [6] Appellant then argues that the…”
Leavitt v. Gillaspie, 443 P.2d 61 (Alaska 1968). “[9] AS 28.35.040. [10] Zenuk v. Johnson, 114 Conn.”
Calder v. State, 619 P.2d 1026 (Alaska 1980). “A substantial and unjustifiable risk is a risk of such a nature and degree that the conscious disregard of it or a failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.”
Williford v. State, 674 P.2d 1329 (Alaska 1983). “AS 28.35.040; AS 28.35.045 (reckless or negligent driving forbidden, regardless of what might have caused such driving).”
Huckaby v. State, 632 P.2d 975 (Alaska Ct. App. 1981). “Bily Huckaby appeals from a conviction for reckless driving, AS 28.35.040. The sole issue in the merit appeal concerns the admissibility of a breathalyzer test result.”
Ashley v. State, 6 P.3d 738 (Alaska Ct. App. 2000). “As defined in AS 28.35.040, an act of recklessness is an act that creates so great a risk to persons or property "that the conscious disregard of [this risk] or a failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would…”
Wilson v. State, 680 P.2d 1173 (Alaska Ct. App. 1984). “032, reckless driving, AS 28.35.040(a), and driving with a revoked operator’s license, AS 28.”
Brockway v. State, 37 P.3d 427 (Alaska Ct. App. 2001). “AS 28.35.040(a). 8 . Brockway asserts that he filed an application for post-conviction relief in the 1996 case, but a review of the record shows that he filed a pro se request for a sentence appeal and later a request for appointed counsel.”
Layland v. State, 535 P.2d 1043 (Alaska 1975). “See AS 28.35.040. 17 . See AS 28.35.030. 18 .”
— Alaska Stat. § 28.35.040(a) — 6 cases
Comeau v. State, 758 P.2d 108 (Alaska Ct. App. 1988). “At trial, he requested an instruction allowing the jury to consider reckless driving, AS 28.35.040, as a lesser-included offense of DWI.”
Bertilson v. State, 64 P.3d 180 (Alaska Ct. App. 2003). “Under AS 28.35.040, to prove reckless driving, the State has to show that a person drove "in a manner that creates a substantial and unjustifiable risk of harm to a person or to property.”
Bertram v. Harris, 423 P.2d 909 (Alaska 1967). “030 [4] and Section 19-23 of the Anchorage Code [5] by driving while under the influence of intoxicating liquor; and (4) that appellee was guilty of driving his vehicle in a reckless and careless manner in violation of AS 28.35.040(a). [6] Appellant then argues that the…”
Wilson v. State, 680 P.2d 1173 (Alaska Ct. App. 1984). “032, reckless driving, AS 28.35.040(a), and driving with a revoked operator’s license, AS 28.”
Ashley v. State, 6 P.3d 738 (Alaska Ct. App. 2000). “As defined in AS 28.35.040, an act of recklessness is an act that creates so great a risk to persons or property "that the conscious disregard of [this risk] or a failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would…”
— Alaska Stat. § 28.35.040(b) — 2 cases
McKenzie v. State, 520 P.2d 791 (Alaska 1974).
Harrison v. State, 784 P.2d 681 (Alaska Ct. App. 1989).
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