Alaska Statutes

Alaska Stat. § 28.35.400 (2026)

Reckless driving

✓ current as of July 2026

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Sec. 28.35.400. Reckless driving.
(a) A person who drives a motor vehicle in the state in a manner that creates a substantial and unjustifiable risk of harm to a person or to property is guilty of reckless driving. 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.

(b) A person convicted of reckless driving is guilty of a misdemeanor and is punishable by a fine of not more than $1,000 or by imprisonment for not more than one year or by both.

(c) Lawfully conducted automobile, snowmobile, motorcycle, or other motor vehicle racing or exhibition events are not subject to the provisions of this section.

Notes of Decisions

Cited in 17 cases (6 in the last 5 years), 2008–2025 · leading case: Mun. of Anchorage v. Beezley, 435 P.3d 978 (Alaska Ct. App. 2018).

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Mun. of Anchorage v. Beezley, 435 P.3d 978 (Alaska Ct. App. 2018). · cites it 6× “And because the district court's rationale apparently applies to State prosecutions for reckless driving under AS 28.35.400, we invited the State of Alaska to file an amicus curiae brief as well-an invitation that the State declined.”

State v. Fyfe, 370 P.3d 1092 (Alaska 2016). “019(c) (imposing a mandatory fine of $500 for failing to have proof of insurance); AS 28.35.400(b) (imposing a maximum fine of $1000 for reckless driving); AS 28.”

Newsom v. State, 199 P.3d 1181 (Alaska Ct. App. 2009). · cites it 4× “040 and currently codified in AS 28.35.400(32). In the process of eluding Busey, Newsom accelerated, changed lanes quickly, darted between adjacent cars, and made a right turn so abruptly that his tires went over the curb in the process.”

Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021). “015 (careless driving); see also AS 28.35.400 (state statute prohibiting reckless driving); AS 28.”

Taylor v. State, 400 P.3d 130 (Alaska Ct. App. 2017). “…v. State, 703 P.2d 436, 440 (Alaska App. 1985). 3 . Lindemanv. State, 244 P.3d 1151, 1159 (Alaska App.2011). 4 . AS 28.35.400(a).”

Sapp v. State, 379 P.3d 1000 (Alaska Ct. App. 2016). “Because we are remanding Sapp’s case to the superior court for re-sentencing on Sapp’s conviction for leaving the scene of a non-injury accident, we decline to reach Sapp’s argument, that the superior court erred in finding him a “worst offender” for purposes of his reckless…”

Smith v. State, 187 P.3d 511 (Alaska Ct. App. 2008). “AS 28.35.400(b). 24 . AS 11.46.300(b). 25 .”

Mun. of Anchorage v. Beezley (Alaska Ct. App. 2018). · cites it 6× “And because the district court’s rationale apparently applies to State prosecutions for reckless driving under AS 28.35.400, we invited the State of Alaska to file an amicus curiae brief as well — an invitation that the State declined.”

Keith Gilbert Ambacher v. State of Alaska, 521 P.3d 604 (Alaska Ct. App. 2022). · cites it 4× “182(a)(1) and AS 28.35.400, respectively. –2– 2737 the truck as one driven by Keith Ambacher, whom the trooper knew had a revoked driver’s license.”

Sapp v. State (Alaska Ct. App. 2016). “182(a), AS 28.35.400, and AS 28.35.050(b), respectively.”

Sapp v. State (Alaska Ct. App. 2016). “182(a), AS 28.35.400, and AS 28.35.050(b), respectively.”

Nicholas Maxie v. State of Alaska, 530 P.3d 380 (Alaska Ct. App. 2023). “7 System variables “are manipulable and can be influenced by the criminal justice system (such as the instructions given a witness during a lineup).”

Show all 17 citing cases →

— Alaska Stat. § 28.35.400(32) — 1 case

Newsom v. State, 199 P.3d 1181 (Alaska Ct. App. 2009). “040 and currently codified in AS 28.35.400(32). In the process of eluding Busey, Newsom accelerated, changed lanes quickly, darted between adjacent cars, and made a right turn so abruptly that his tires went over the curb in the process.”

— Alaska Stat. § 28.35.400(a) — 5 cases

Newsom v. State, 199 P.3d 1181 (Alaska Ct. App. 2009). “040 and currently codified in AS 28.35.400(32). In the process of eluding Busey, Newsom accelerated, changed lanes quickly, darted between adjacent cars, and made a right turn so abruptly that his tires went over the curb in the process.”

Mun. of Anchorage v. Beezley, 435 P.3d 978 (Alaska Ct. App. 2018). “And because the district court's rationale apparently applies to State prosecutions for reckless driving under AS 28.35.400, we invited the State of Alaska to file an amicus curiae brief as well-an invitation that the State declined.”

Taylor v. State, 400 P.3d 130 (Alaska Ct. App. 2017). “…v. State, 703 P.2d 436, 440 (Alaska App. 1985). 3 . Lindemanv. State, 244 P.3d 1151, 1159 (Alaska App.2011). 4 . AS 28.35.400(a).”

Mun. of Anchorage v. Beezley (Alaska Ct. App. 2018). “And because the district court’s rationale apparently applies to State prosecutions for reckless driving under AS 28.35.400, we invited the State of Alaska to file an amicus curiae brief as well — an invitation that the State declined.”

Keith Gilbert Ambacher v. State of Alaska, 521 P.3d 604 (Alaska Ct. App. 2022). “182(a)(1) and AS 28.35.400, respectively. –2– 2737 the truck as one driven by Keith Ambacher, whom the trooper knew had a revoked driver’s license.”

— Alaska Stat. § 28.35.400(b) — 2 cases

State v. Fyfe, 370 P.3d 1092 (Alaska 2016). “019(c) (imposing a mandatory fine of $500 for failing to have proof of insurance); AS 28.35.400(b) (imposing a maximum fine of $1000 for reckless driving); AS 28.”

Smith v. State, 187 P.3d 511 (Alaska Ct. App. 2008). “AS 28.35.400(b). 24 . AS 11.46.300(b). 25 .”

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