OAG 78-771 | KOGC

Request By:

Honorable David R. Reeves
Carter County Attorney
Carter County Courthouse
Grayson, Kentucky 41143

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Carl T. Miller, Jr., Assistant Attorney General

You have requested an opinion of the Attorney General as to the difference between "Reckless Driving" and "Careless Driving." You point out that Administrative Regulation 601 KAR 13:020(3) assesses four points for Reckless Driving and three points for Careless Driving.

As we pointed out in OAG 73-501, we can find no statutory difference between Reckless Driving and Careless Driving. The only difference would be the wording of the judgment of conviction in the district court of a violation of KRS 189.290. Subsection (1) of this statute reads as follows:

"The operator of any vehicle upon a highway shall operate the vehicle in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles upon the highway."

Since there is no statutory distinction between Reckless Driving and Careless Driving, we believe that as long as the ambiguity in the point system continues to exist, only the lesser penalty of three points may be assessed under KRS 189.290.

LLM Summary

In OAG 78-771, the Attorney General addresses an inquiry regarding the difference between 'Reckless Driving' and 'Careless Driving' as noted in Administrative Regulation 601 KAR 13:020(3). The opinion reaffirms the findings of OAG 73-501, stating that there is no statutory difference between the two terms. The decision emphasizes that due to this lack of distinction, only the lesser penalty of three points should be assessed for violations under KRS 189.290.

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