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Racine Reckless Driving Lawyer

Have you been charged with reckless driving in Wisconsin? Consult a Racine reckless driving lawyer at the Cafferty & Scheidegger, S.C. in Racine, WI for free.

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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, 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 § 940.24, a Class I felony carrying up to 3.5 years imprisonment. The injury classification is frequently contestable.

§ 346.62Reckless driving statute § 940.24Injury by reckless driving 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, 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 a misdemeanor; a felony only when great bodily harm results. Under § 346.62, a first offense is a Class B misdemeanor (up to 90 days, $1,000). A second within 4 years is a Class A misdemeanor (up to 9 months, $10,000). When reckless driving causes great bodily harm under § 940.24, it becomes a Class I felony (up to 3.5 years prison, $10,000).
How long do you go to jail for reckless driving in Wisconsin?
Statutory maximums under § 346.62: first offense = up to 90 days; second offense within 4 years = up to 9 months; great-bodily-harm felony under § 940.24 = up to 3.5 years prison + extended supervision. Most first-offense reckless-driving cases without injury resolve with probation or a withheld sentence rather than jail, particularly with no prior record.
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?
Speeding (§ 346.57) is a civil forfeiture; reckless driving (§ 346.62) is a criminal misdemeanor. 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 criminal charge requires negligence that endangers people or property, not just exceeding the limit.
How long does reckless driving stay on your record?
A § 346.62 misdemeanor conviction is permanent on CCAP and on the Wisconsin 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. The Wisconsin Motor Vehicle Record entry persists separately and affects insurance for years.
Will reckless driving show up on a background check?
Yes. As a criminal misdemeanor, it appears on standard criminal background checks, on CCAP, and on driving-record (MVR) checks. 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. The criminal record consequences (employment, professional licensing, immigration for non-citizens, insurance non-renewal) usually outweigh any sentencing benefit from a quick plea. 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: simple injury keeps the case at misdemeanor § 346.62; great bodily harm elevates it to a Class I felony under § 940.24. 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 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 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 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 is backed by more than 32 years of trial skills and courtroom experience.

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