Reckless Driving vs. Distracted Driving

Both reckless driving and distracted driving endanger lives. Reckless driving is characterized as an indifference to others’ safety, while distracted driving refers to any act that takes your attention away from traffic. In South Carolina, these offenses are treated differently: reckless driving is a criminal offense that carries prison time, while distracted driving results in a fine. If you have gotten in trouble for texting and driving or have been charged with reckless driving, our Conway traffic defense lawyer is here to help.

What is Reckless Driving?

To elaborate on reckless driving, it is considered any action while driving a vehicle that suggests a willful or wanton disregard for the safety of others or property. If you are traveling 25 miles per hour or more over the speed limit, you can be charged with reckless driving. Reckless driving is considered a more severe form of aggressive driving. The difference between the two deals with intent. While an aggressive driver intends to annoy or harass others, a reckless driver has a blatant disregard for others.

Common examples of reckless driving include:

• Running red lights
• Rapid lane changes
• Drag racing
• Tailgating
• Excessive speeding (25 mph+ over the posted speed limit)
• Passing in no-pass zones
• Passing a stopped school bus
• Eluding the police

What are the Penalties for Reckless Driving in SC?

Reckless driving is a misdemeanor, punishable by up to 30 days in prison and fines ranging from $25 to $200. A second or subsequent offense within five years results in a three-month license suspension. Additionally, six points will be placed against your driver’s license. At six points, the DMV will send you a warning letter. If you reach 12 points (about two reckless driving offenses), your driving privileges will be suspended. These penalties are significantly more severe than those for distracted driving.

What is Distracted Driving?

In 2024, distracted driving took the lives of over 3,200 individuals. Distracted driving is any action that takes your attention away from the road. There are three types of distractions: cognitive, manual, and visual. A cognitive distraction is anything that takes your mind off the road, such as having a conversation with passengers, daydreaming, or talking on a hands-free device. A manual distraction is anything that takes your hands off the wheel, such as eating or drinking, combing your hair, or changing the radio station. Finally, visual distractions are any activities that take your eyes off the road. These include sending a text message, using a GPS system, and applying makeup.

South Carolina Hands-Free Law

South Carolina’s Hands Free and Distracted Driving Law forbids drivers from using a mobile device unless it is hands-free. Specifically, a person is prohibited from holding or supporting a device with any part of their body. The law prohibits using a cell phone to read, compose, or send text messages, or to watch videos. As of February 28, 2026, law enforcement has begun to use citations.

What are the Penalties for Distracted Driving in SC?

Although a distracted driving offense only results in fines, you may face imprisonment if you fail to appear in court. It is a primary offense, meaning that the police officer can pull you over for it even if you have done nothing else wrong. Under the new hands-free law, a first offense is punishable by a $100 fine, and a second or subsequent offense is punishable by a $200 fine and two points against your license. Only distracted driving offenses within the last three years will be counted as prior offenses. Twenty-five percent of the fines collected will go to the Department of Public Safety to educate individuals about the dangers of distracted driving.

Our Conway Traffic Defense Attorney Providing Trusted Counsel

Whether you have been pulled over for distracted driving or have been charged with reckless driving, our Conway traffic defense lawyer can provide insight that others can’t. Our lead attorney’s familiarity with the prosecutors and judges in Horry County enables him to determine which strategies will be most effective. If you want representation you can count on, look no further than The Law Office of Brad C. Richardson, LLC. To arrange your free consultation, contact us online or by phone at (843) 488-4321 at your earliest opportunity.