Quick Summary: A reckless driving SC charge is a misdemeanor with up to 30 days in jail, six points against your license, and a conviction excluded from South Carolina’s general expungement provision for lower-level offenses. Paying the citation before court can also dispose of the case as a conviction for driver-license purposes.
Key Takeaways:
- Jail is available: Reckless driving carries a $25 to $200 fine or up to 30 days in jail, including on a first conviction.
- Speed alone is not the test: South Carolina sets no automatic speed threshold for reckless driving.
- Six points: One conviction puts you halfway to the twelve points that begin the point-suspension range.
- Expungement is restricted: S.C. Code § 22-5-910 excludes offenses involving the operation of a motor vehicle.
- Paying has consequences: South Carolina motor-vehicle law treats payment of a fine or court cost as a conviction.
The citation in your hand has a court date printed on it. What it may not make obvious is that South Carolina classifies reckless driving as a misdemeanor, not simply a payable speeding violation.
South Carolina recorded 143,801 traffic collisions and 1,039 traffic deaths in 2024, according to the South Carolina Department of Public Safety. If you have a reckless driving SC charge, the useful questions go beyond the number on the radar reading.
Is Reckless Driving a Crime in SC, or Just a Traffic Ticket?
Reckless driving is a misdemeanor traffic offense in South Carolina. S.C. Code § 56-5-2920 sets the offense and penalty, and the South Carolina Judicial Branch lists reckless driving as an active misdemeanor.
A conviction can mean jail, six points, and, for a second reckless driving offense within five years, a three-month license suspension.
Most drivers who call a criminal defense attorney in Manning about this are trying to work out what the citation can do to their license and record before they decide how to handle court.
What Counts as Reckless Driving in South Carolina?
The legal test is short, and speed is not in it. S.C. Code § 56-5-2920 defines reckless driving as driving that shows “either a wilful or wanton disregard for the safety of persons or property.”
South Carolina courts distinguish recklessness from ordinary carelessness. Speed, traffic, weather, road conditions, visibility, and the way the vehicle was driven can all matter.
Conduct that may support the charge
Depending on the evidence and conditions, examples can include:
- Weaving aggressively between vehicles on I-95 through Clarendon County
- Racing or accelerating against another vehicle on a public road
- Running a red light at speed while cross traffic is moving
What happened in the minutes before the traffic stop can matter as much as a single radar reading. So can the officer’s narrative, available video, witnesses, and road conditions.
Speeding vs. Reckless Driving: Where South Carolina Actually Draws the Line
South Carolina’s reckless driving statute has no fixed speed number. Other states do. Virginia, for example, treats 20 mph or more over the limit, or more than 85 mph regardless of the limit, as reckless driving by statute.
Under S.C. Code § 56-1-720, speeding 25 mph or more over the limit is a six-point violation. But South Carolina case law says recklessness is judged from speed together with the surrounding circumstances, not speed alone.
|
Question |
Speeding |
Reckless driving |
|
What the state must prove |
A speeding violation under the applicable speed law |
Wilful or wanton disregard for persons or property |
|
Points |
2, 4, or 6, depending on speed |
6 |
|
Jail |
Available in the highest first-offense speeding tier |
Up to 30 days |
|
Repeat offense |
No automatic suspension under the reckless-driving statute |
Three-month suspension for a second offense within five years |
A radar reading is evidence of speed. A reckless driving charge requires proof of the additional statutory element of wilful or wanton disregard.
What Are the Penalties for Reckless Driving in SC?
Every violation carries a statutory fine of $25 to $200 or up to 30 days in jail. The law does not reserve jail for repeat offenses, so a first conviction falls within that same penalty range.
The statute tells you what is legally available. It does not predict what a judge will impose in a particular case.
A second conviction inside five years
A second or subsequent reckless driving offense within five years requires the SCDMV to suspend your license for three months. The statute applies to a conviction, guilty plea, or forfeiture of bail.
H. 4773 was prefiled in December 2025 and introduced in January 2026. It would shorten the lookback to three years and change the repeat-offense suspension rule, but as of August 2026 it remains in the House Judiciary Committee and has not changed current law.
Six Points, and How Close That Puts You to a Suspension
Reckless driving costs six points. Under S.C. Code § 56-1-740, twelve points begins the point-suspension range, with a three-month suspension for twelve to fifteen points. A driver starting at zero would be halfway there after one conviction.
Two timing rules can reduce points. SCDMV cuts points in half one year after the violation date. An approved defensive driving course taken in South Carolina can reduce four points once in a three-year period, but it must be completed before a point suspension begins.
Why This Conviction Is Not Eligible for the General Three-Year Expungement
A reckless driving conviction is excluded from the general expungement provision in S.C. Code § 22-5-910. That section allows some lower-level convictions to be expunged after the required waiting period, but it expressly does not apply to an offense involving the operation of a motor vehicle.
The six DMV points age down under the point system, but the ordinary § 22-5-910 expungement route does not become available after three years. That distinction matters if you are concerned about a driving record, professional licensing, or a background check.
If you drive for a living
Reckless driving is a serious traffic violation under the federal commercial driver rules at 49 C.F.R. § 383.51. A second qualifying serious traffic conviction from a separate incident within three years can disqualify a CDL holder for 60 days; a third or subsequent qualifying conviction can mean 120 days.
A violation in a non-commercial vehicle can count for federal disqualification purposes if the conviction results in revocation, cancellation, or suspension of the CDL holder’s license or non-commercial driving privileges. For someone who drives for a living, that makes the exact disposition especially important.
What Happens at Your Court Date in Manning
Reckless driving falls within magistrate-court jurisdiction because the offense carries no more than 30 days in jail. Clarendon County lists its Magistrate Court at 102 South Mill Street in Manning.
The officer’s testimony and citation may be central to the state’s case. Radar evidence, video, witnesses, and the circumstances described at the stop can also matter. Reviewing them before court helps test whether they support the charged offense.
A reduction to another traffic offense or a dismissal is not automatic. Either depends on the facts, available proof, prosecutorial discretion, and the way the case develops.
Defense Perspective
Start with the narrative box on the citation and compare it with any available video or other objective evidence. If camera footage may exist, ask about preservation early because retention practices vary. Pull your SCDMV driving record before court as well, because it shows what a six-point conviction would mean for your current point total.
Paying the ticket can end the case as a conviction
Paying before court does not make the charge disappear. South Carolina’s driver-license code defines payment of a fine or court cost as a “conviction,” and South Carolina summary-court guidance says a regular traffic citation paid in full before court is disposed of as a forfeited bond and reported to DMV.
Before paying, make sure you understand the six points, the expungement restriction, and any CDL or employment consequence that may apply to you.
You can ask for a jury trial
South Carolina gives a person charged with an offense within a magistrate’s jurisdiction the right, on demand, to a jury trial. The statute does not make a jury demand a bargaining tool by itself.
If you are considering one, contact the court promptly about procedure and scheduling. Whether it makes sense depends on the evidence in your case.
Talk to a Reckless Driving Lawyer in SC Before Your Court Date
If your citation is set in Clarendon County, the evidence should be reviewed before you decide whether to pay, negotiate, or contest the charge. Kent Law Firm handles criminal defense matters from its Manning office. Shaun Kent began practicing in South Carolina in 2000, served as a public defender in Aiken and an assistant solicitor in Charleston, and opened Kent Law Firm in 2012.
Call us or use our contact page to discuss your reckless driving SC charge. Bring the citation and any paperwork from the stop so the actual charge, officer narrative, and driving record can be reviewed.
Reckless Driving in SC: Common Questions
What happens if I get a reckless driving ticket in SC but have an out-of-state license?
South Carolina can still prosecute the charge and can restrict a nonresident’s privilege to drive here. The SCDMV may forward a South Carolina motor-vehicle conviction to your home-state licensing authority. What your home state does with that conviction, including points or a separate suspension, depends on its law. Do not assume South Carolina’s six-point schedule will be applied exactly the same way at home.
Is a DUI reduced to reckless driving in SC actually better?
It can be a materially different outcome, but the answer depends on the exact plea. A South Carolina DUI conviction can trigger DUI-specific licensing, alcohol-program, and ignition-interlock requirements. Reckless driving has a different penalty structure, but it still carries six points and is excluded from the general motor-vehicle expungement route. Compare the full consequences of the proposed disposition before accepting it.
What happens if I miss my court date for reckless driving in SC?
Do not assume the case will simply be rescheduled. South Carolina summary-court guidance allows a regular traffic case to proceed in your absence if you had proper notice, although the state still has to prove the charge. A willful failure to appear as required by a uniform traffic citation can also be a separate misdemeanor, and unresolved citations can create licensing consequences. Contact the court promptly.
Can a first offense reckless driving charge be dismissed in South Carolina?
Yes, but not simply because it is a first offense. The state still has to prove every element beyond a reasonable doubt. Evidence or witness problems can affect whether the charge proceeds, and a reduction may be discussed when the facts support it. An officer’s absence on one date does not guarantee dismissal because a continuance may be possible.
Will my insurance go up after a reckless driving conviction in SC?
It can. The South Carolina Department of Insurance says a driver’s record can affect auto premiums and that traffic convictions can result in higher rates. The amount is not set by the reckless driving statute and varies by insurer, policy, driving history, and other rating factors. That is separate from the six points the SCDMV assigns to the conviction.
This post is general information about South Carolina law, not legal advice, and reading it does not create an attorney-client relationship. Traffic and criminal laws change, and the outcome of any case depends on its own facts. Talk to a licensed South Carolina attorney about your situation.