Distracted Driving vs. Reckless Driving: Legal Differences
Two charges that often get confused are distracted driving and reckless driving. While both can lead to serious consequences and both can arise in situations involving motor vehicles, they’re treated differently under Kansas law.
As criminal defense attorneys at Oleen Law Firm in Manhattan, Kansas, we want to explain the distinctions between these two types of offenses, the penalties each can carry, and why it’s so important to understand how your conduct behind the wheel can affect your legal situation.
Distracted Driving in Kansas
Distracted driving is any activity that diverts a driver’s attention away from the road. The most talked-about type is texting while driving, but it also includes talking on the phone, adjusting the radio, eating, reaching for items, or even interacting with passengers.
In Kansas, the primary statute addressing distracted driving is K.S.A. 8-15,111, which specifically prohibits writing, sending, or reading text messages while operating a motor vehicle.
Distracted driving is often treated as a traffic infraction rather than a criminal offense, but the legal implications can grow quickly depending on the circumstances.
For example, if a distracted driver causes an accident that results in injury or death, prosecutors may pursue more serious charges like vehicular homicide or aggravated battery. In these cases, criminal defense becomes critical.
From a criminal defense perspective, proving distracted driving can be difficult unless there is a clear record, such as phone logs or video evidence.
Law enforcement may rely on circumstantial evidence like witness statements or the absence of skid marks to build their case. As criminal defense attorneys, we evaluate every detail to see whether the prosecution’s claims hold up.
Defining Reckless Driving Under Kansas Law
Reckless driving is considered a more serious offense in Kansas. Under K.S.A. 8-1566, reckless driving is defined as operating a vehicle “in willful or wanton disregard for the safety of persons or property.” This language highlights the key distinction between distracted driving and reckless driving: intent and awareness.
Someone driving recklessly usually knows—or should know—that their behavior is dangerous. Speeding through school zones, running red lights, weaving through traffic at high speeds, or attempting to flee law enforcement are all examples of reckless driving.
These actions suggest conscious disregard for safety, which sets reckless driving apart legally from distracted driving.
Reckless driving is a misdemeanor criminal offense in Kansas. A first conviction can result in up to 90 days in jail, a fine up to $500, and possible license suspension. Repeat offenders face harsher consequences, including longer jail time and higher fines. Because these are criminal charges, having a strong criminal defense strategy is essential.
Intent and Mental State
One of the most important distinctions between distracted driving and reckless driving lies in the driver’s mental state.
Distracted driving often occurs without deliberate intent to drive dangerously. It stems from momentary lapses in attention or poor judgment. Reckless driving, on the other hand, involves conscious decisions that disregard obvious risks.
From a legal standpoint, this difference can determine how prosecutors approach the case and what kind of criminal defense is appropriate. For distracted driving, the issue is often proving that the behavior occurred. For reckless driving, it’s about proving the driver had the necessary mental state to meet the standard of willful or wanton conduct.
Consequences for Each Offense
The legal penalties for distracted and reckless driving reflect their differences in severity. Here's a summary of what someone might face under Kansas law:
Distracted Driving
Treated as an infraction
Fines starting around $60 to $100
Court costs and fees
Points on driver’s license
Increased insurance premiums
Reckless Driving
Class B misdemeanor (first offense)
Up to 90 days in jail
Fines up to $500
License suspension
Higher insurance costs
Possible probation or community service
The consequences for reckless driving are more severe because it’s considered a criminal offense. That’s why anyone charged with reckless driving should consult a criminal defense attorney immediately. We frequently defend clients who find themselves accused of this type of offense and work to reduce or eliminate the charges where possible.
Collateral Impact on Your Life
In criminal defense, we don’t just look at the direct penalties. We also think about how a charge affects a person’s long-term life. Distracted driving might not carry jail time, but it can still affect your driving record, insurance costs, and professional licenses.
Reckless driving, because it’s a misdemeanor, can show up on criminal background checks and impact your employment prospects, college admissions, or ability to travel internationally.
For example, a teacher, nurse, or commercial driver may have to report a reckless driving conviction to their licensing board. That’s why we treat every criminal defense matter seriously, even if it starts with something as common as a traffic stop.
Proving the Charges
In both distracted and reckless driving cases, the prosecution must meet its burden of proof. That’s where criminal defense becomes vital. Prosecutors must show beyond a reasonable doubt that you committed the alleged conduct and that it met the legal threshold for either offense.
For distracted driving, we may challenge whether the driver was actually texting or whether they were using their phone in a permitted way (e.g., GPS navigation). In reckless driving cases, we often argue that the behavior did not rise to the level of “willful or wanton” conduct, or that the prosecution has misinterpreted the driver’s intent.
Video footage, dashcam evidence, eyewitness testimony, and accident reconstruction may all be used in criminal defense. The earlier we can start building a defense, the better chance we have at a favorable outcome.
When a Collision Occurs
If distracted or reckless driving causes an accident, the legal consequences escalate. Causing injury or death may lead to additional charges like aggravated battery, vehicular homicide, or involuntary manslaughter, depending on the facts.
These are serious felonies in Kansas and carry prison sentences, steep fines, and long-term consequences. In these cases, prosecutors may attempt to upgrade a charge from traffic-related to felony-level, particularly if someone was driving with prior offenses or under the influence.
When this happens, criminal defense must be aggressive, strategic, and deeply informed by Kansas law.
What Sets These Charges Apart
To summarize the most important differences between distracted driving and reckless driving:
Distracted driving is usually a traffic infraction; reckless driving is a misdemeanor criminal offense
Distracted driving involves inattention; reckless driving involves conscious disregard for safety
Fines for distracted driving are lower; reckless driving can include jail time and license suspension
Reckless driving charges carry longer-term consequences for your record and insurance
Proving reckless driving requires a higher legal standard related to mental state
As criminal defense attorneys, we assess which elements the prosecution can actually prove, not just what they claim. Understanding these distinctions helps us tailor each defense strategy accordingly.
Dedicated Legal Defense
Our attorneys, Bentson and Kent Oleen, defend Kansans every day who are facing charges that stem from distracted or reckless driving. We are proud to serve Manhattan, Kansas, and the surrounding town of Junction City. Call us at Oleen Law Firm today.