Racine Reckless Driving Lawyer
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Cafferty, Scheidegger & Johnson, S.C.
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Racine Reckless Driving Lawyer

Charged with reckless driving in Wisconsin? Consult an experienced Racine reckless driving lawyer for free. We defend cases across SE Wisconsin.

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Why Do You Need A Racine Reckless Driving Lawyer?

In Wisconsin, reckless driving is considered more than a simple traffic violation. It can be a criminal offense that lands you in jail. The charge involves driving in a negligent manner that results in endangering other people. In the most serious cases, it results in grave injuries to others. Many traffic violations carry penalties of a fine or license suspension. However, because a charge of reckless driving can involve severe injury to another person, some who are charged with reckless driving end up with felony convictions.

If you are charged with this offense, you need representation from an experienced lawyer who is familiar with the laws related to traffic violations in Wisconsin. The staff at Cafferty, Scheidegger & Johnson, S.C., is not only experienced with traffic violations, but has years of experience in criminal law.

For traffic-ticket focused context, the companion Wisconsin reckless driving defense guide explains how prosecutors often negotiate these cases back to non-criminal traffic forfeitures when the facts support it.

Definition of Reckless Driving

Under section 346.62 of the Wisconsin statute, you can be charged with reckless driving if you:

  • Drive in a negligent manner such that you endanger the safety of a person or property
  • Drive in a negligent manner and as a result, seriously injure another person
  • Drive across a railroad crossing or around a crossing gate and as a result recklessly endanger another person

Consequences of a Reckless Driving Conviction

If you are convicted, the penalty depends on whether anyone was injured, the seriousness of the injury, and whether you have prior reckless driving convictions within the last four years. A no-injury first offense can be a forfeiture-level case. Repeat, injury, great-bodily-harm, and railroad-crossing reckless driving cases carry much more serious exposure.

If no one was injured, defense often focuses on reducing the charge to speeding, inattentive driving, or another civil forfeiture. If someone was injured, the record must be checked carefully for causation, injury level, and whether the facts support a criminal negligence theory.

Great bodily harm is handled under § 346.62(4), a Class H felony carrying up to 6 years imprisonment. The injury classification is frequently contestable.

New in 2025: a reckless driving stop can now cost you the vehicle itself. Under Wisconsin Act 46, police can impound and tow a car on a first reckless driving offense, even one the driver does not own, and an unclaimed vehicle can be sold after 90 days. Our traffic site breaks down the new tow law and your options: Wisconsin reckless driving tow law.

§ 346.62Reckless driving statute § 346.65Reckless driving penalties Trans 101Demerit-point schedule 49 CFR § 383.51CDL serious traffic violations

We Understand Complex Reckless Driving Cases

Because the consequences of being convicted are serious, if you are charged, you need an experienced traffic violation attorney to help you sort out all of the facts regarding your case. The staff at the Cafferty, Scheidegger & Johnson, S.C., have successfully defended clients who are charged not only with reckless driving, but with other traffic violations including criminal offenses. Contact us at 262-833-7670 to arrange a free initial consultation with an experienced Racine lawyer.

Frequently Asked Questions

Is reckless driving a felony in Wisconsin?
Usually not. A first reckless-driving offense under § 346.62 is a civil forfeiture of $50 to $400, with no jail and no criminal record. It becomes criminal on a second offense within 4 years ($100 to $1,000 and/or up to one year in county jail) or when it causes injury. Causing great bodily harm under § 346.62(4) is a Class H felony (up to 6 years prison, $10,000); causing death is a Class G felony under § 940.10.
How long do you go to jail for reckless driving in Wisconsin?
A first offense carries no jail at all; it is a civil forfeiture of $50 to $400 under § 346.65(1). Jail exposure begins on a second offense within 4 years (up to one year in county jail), when the conduct causes bodily harm (60 days to 2 years), or when it causes great bodily harm (a Class H felony under § 346.62(4), up to 6 years in prison).
Can reckless driving be reduced to a non-criminal ticket?
Yes, frequently. The most common amendment is to a § 346.57 speeding violation (civil forfeiture, no criminal record) or to an inattentive-driving citation under § 346.89 (also a civil forfeiture). Negotiating that amendment depends on whether anyone was injured, prior record, and the strength of the State's proof on the negligent-endangerment element. First-time offenders often qualify.
What's the difference between reckless driving and speeding?
Both a first reckless-driving offense and most speeding tickets are civil forfeitures, but reckless driving (§ 346.62) carries a much larger forfeiture, 6 demerit points, and the risk of becoming criminal on a repeat or injury, while speeding (§ 346.57) does not. Speed alone is not reckless driving, but Wisconsin officers and prosecutors often charge speeds of 100+ mph, or speeds significantly over the limit combined with weaving or other endangering conduct, as reckless. The reckless charge requires negligence that endangers people or property, not just exceeding the limit.
How long does reckless driving stay on your record?
A first-offense forfeiture does not create a criminal record, though the Wisconsin Motor Vehicle Record entry persists and affects insurance for years. When reckless driving is charged criminally (a repeat offense or one causing injury), that conviction is on CCAP and the criminal record; limited expungement is available under § 973.015 only if the offense was committed under age 25 and the court ordered expungement at sentencing.
Will reckless driving show up on a background check?
A first-offense forfeiture appears on the driving-record (MVR) check but not as a criminal conviction. When reckless driving is charged criminally (a repeat offense or one causing injury), it also appears on standard criminal background checks and on CCAP. For CDL holders, reckless driving in any vehicle qualifies as a serious violation under 49 C.F.R. § 383.51, with cumulative consequences (60-day disqualification on second within 3 years; 120 days on third).
Should I plead guilty to reckless driving?
Almost never as a first response. Even a first-offense forfeiture carries 6 demerit points and a lasting insurance impact, and a repeat or injury charge adds criminal-record consequences (employment, professional licensing, immigration for non-citizens). A § 346.62 charge has multiple amendment paths and several defendable elements, particularly the negligence and endangerment showings.
Can I get reckless driving charges dismissed?
Dismissal is possible where the negligent-endangerment element is weak, where the only evidence is a single radar reading without observed driving conduct, or where suppression of an unlawful stop removes the State's evidence. More commonly the case resolves through amendment to a non-criminal speeding or inattentive-driving ticket rather than outright dismissal.
Does reckless driving cause license suspension in Wisconsin?
Not automatically as a single first-offense conviction, but it carries 6 demerit points under Trans 101.02. Combined with other recent violations, those points can push a driver past the 12-points-in-12-months threshold under § 343.32, triggering suspension. A second reckless conviction within 4 years, or a great-bodily-harm felony, brings other licensing consequences.
What is 'great bodily harm' for reckless driving felony purposes?
Defined in § 939.22(14) as bodily injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of any bodily function or organ. The classification matters: ordinary bodily harm keeps the case at the criminal tier under § 346.62(3); great bodily harm elevates it to a Class H felony under § 346.62(4). This element is heavily contested at preliminary hearing.

Why Choose Cafferty

Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty, Scheidegger & Johnson defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

We Defend You

The attorneys at Cafferty, Scheidegger & Johnson have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Proven Experience

The dedication of the team at Cafferty, Scheidegger & Johnson to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty, Scheidegger & Johnson is backed by more than 32 years of trial skills and courtroom experience.

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