Ohio Reckless Operation (O.R.C. 4511.20) and OVI Reductions

Reckless operation is a traffic offense in Ohio, but for someone charged with an OVI it is also something else: one of the charges an OVI can sometimes be reduced to, which is a far better outcome than an OVI conviction. This page explains what reckless operation is, what it carries, and why a reduction to reckless operation can matter so much. Call (937) 318-1384 for a free consultation.

Read what an OVI is under Ohio law.

What Is Reckless Operation in Ohio?

Reckless operation in Ohio can constitute any number of offenses within the Ohio Revised Code dealing with operation of a vehicle with willful or wanton disregard to persons or property. Commonly, reckless operation is charged under O.R.C. 4511.20. There is a separate O.R.C. section dealing with reckless operation while off-road (O.R.C. 4511.201) and while on a watercraft (O.R.C. 1547.07), and O.R.C. 4511.202 is Ohio’s reasonable control statute.

A person may be found guilty of violating R.C. 4511.20 if he acts willfully. Such conduct implies an act done intentionally, designedly, knowingly, or purposely, without justifiable excuse. Conversely, R.C. 4511.20 is violated when a person acts wantonly in disregard of the safety of others. A wanton act is an act done in reckless disregard of the rights of others which evinces a reckless indifference of the consequences to the life, limb, health, reputation, or property of others.

The Reckless Operation Statute and Penalties

The statutory definition of reckless operation is found at Ohio Revised Code Section 4511.20, which states:

4511.20 Operation in willful or wanton disregard of the safety of persons or property. (A) No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property. (B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

Reckless operation can be charged as a two-point minor misdemeanor or a four-point fourth-degree misdemeanor, which carries a maximum jail penalty of 30 days. Drivers who find themselves facing such charges are subject to a license suspension.

Reckless Operation as a Reduction From an OVI

For many clients, the most important thing about reckless operation is that it is one of the charges a prosecutor may agree to as a reduction from an OVI. There are real advantages to that outcome.

First, a reduction to reckless operation means you avoid an OVI conviction on your record. Second, whereas prior OVI convictions trigger enhanced minimum penalties for future OVI convictions, a prior reckless operation conviction would not trigger those enhanced penalties for a future OVI. Third, the financial picture can change dramatically. When you plead to an OVI, the Administrative License Suspension terminates and a court suspension begins, and reinstatement is required before you can legally drive. If, however, your attorney is successful in garnering a reduction to Reckless Operation under O.R.C. 4511.20 and getting the court to agree to terminate your ALS suspension, your reinstatement fee may be dramatically reduced, from $475.00 to $40.00.

Whether a reduction is possible depends on the facts of your case, your record, the court, and the prosecutor. It is one of the outcomes an experienced OVI attorney works toward.

Reckless Operation vs. Physical Control

Reckless operation is often evaluated alongside another common OVI reduction: physical control. Physical control is a first-degree misdemeanor in Ohio, punishable by a maximum $1,000 fine, a license suspension of up to one year, and a maximum jail sentence of six months. Unlike a reckless operation charge, physical control carries no points on your Ohio license, and it may be preferable to some commercial drivers because it may not count as a “major incident” for CDL purposes. Like reckless operation, a prior physical control conviction does not trigger the enhanced penalties that a prior OVI would for a future OVI. Which reduction is better, if either is available, depends on your specific situation, and it is worth discussing with your attorney.

Why Trust Charles M. Rowland II

Charles M. Rowland II has established himself as a top OVI attorney in Ohio and the Dayton area and beyond. He lives by the motto, “Work hard, play by the rules, and never quit!” Preparation, dedication and perseverance are his touchstones. He will vigorously fight for you and will genuinely care about the outcome of your case. He wants the most favorable outcome including acquittals, dismissed charges, or advantageous reduced charges.

He has been recognized by his clients and his peers as a top OVI attorney. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the Nations Top 1%, the National Trial Lawyers Top 100 for Criminal Defense, a Dayton Bar Association Foundation Fellow, and has appeared in Time and Car & Driver Magazine for OVI defense. He is a lecturer on OVI defense to police agencies, attorneys, judges, and students, and he taught OVI trial practice at the Greene County Peace Officer Training Academy for over fifteen years.

Charlie is a member of the Dayton Bar Association, the Dayton Bar Foundation (2022 Foundation Fellow), the Greene County Bar Association (past President), the Clark County Bar Association, the Ohio State Bar Association, the Ohio State Bar Foundation (2005 Foundation Fellow), the American Bar Association, and the American Bar Foundation.

Frequently Asked Questions about Ohio reckless operation

Free Consultation

If you are facing an OVI or a reckless operation charge in the Dayton area, call Charles M. Rowland II at (937) 318-1384 for a free consultation.