In Michigan, reckless driving is defined as operating a vehicle in a way that shows a “willful or wanton disregard for the safety of persons or property” while on a public roadway or area open to the general public (such as a highway, parking lot, or even a frozen public lake). It is a criminal offense, a misdemeanor for a standard violation.
The key element is the driver’s state of mind: they must have intentionally driven in a dangerous manner, knowing the risks, and disregarded the possible consequences. This is distinct from careless driving, which is a civil infraction involving negligence but not the intentional disregard for safety. Careless driving is a civil infraction under Michigan law and is less severe than reckless driving.
Examples of Reckless Driving in Michigan
The Michigan Vehicle Code (MCL § 257.626) lists reckless driving as an act of intentional danger, not mere negligence. Common examples include:
- Excessive speeding, particularly 25+ mph over the limit or in school zones
- Weaving or tailgating through traffic
- Street racing or burnouts
- Running red lights or stop signs intentionally
- Aggressive road rage or harassment of other drivers
- Illegal passing, especially in no-passing zones or near school buses
- Driving under the influence (DUI/OWI) where behavior is dangerous enough to show disregard
- Ignoring traffic control devices or officer instructions
Key takeaway: Reckless driving requires an intentional disregard for safety—not just an accident or lapse in judgment.
Penalties for Reckless Driving in Michigan
| Type of Offense | Classification | Maximum Jail Time | Fine | License Impact | Points |
|---|---|---|---|---|---|
| Standard Reckless Driving | Misdemeanor | 93 days | $500 | 90-day suspension | 6 |
| Causing Serious Injury | Felony | 5 years | $1,000 – $5,000 | Revocation | 6 |
| Causing Death | Felony | 15 years | $2,500 – $10,000 | Revocation | 6 |
These penalties increase with prior offenses, aggravating factors, or injury to others. Convictions also raise insurance premiums dramatically and remain permanently on your record.
What is the Difference Between Careless and Reckless Driving in Michigan?
In Michigan, the key difference between careless and reckless driving is the intent: careless driving is a civil infraction for a lack of due caution, while reckless driving is a criminal misdemeanor involving willful disregard for safety. Reckless driving carries more severe penalties, including up to 93 days in jail, a fine of up to $500, six points on your license, and a potential license suspension, whereas careless driving has no jail time, a fine up to $100, and three points on your license. A first offense for reckless driving can result in a fine of up to $500.
| Feature | Careless Driving | Reckless Driving |
|---|---|---|
| Classification | Civil infraction | Criminal misdemeanor |
| Level of Intent | Lack of due caution or a mistake, not intentional harm | Willful or wanton disregard for safety; intentional |
| Penalties | • Fine up to $100 • 3 points on license • No jail time | • Up to 93 days in jail
• Fine up to $500 • 6 points on license • Potential license suspension |
| Examples | • Rear-ending another car • Briefly glancing at a phone and drifting into another lane | • Street racing
• Driving 90 mph in a 35 mph zone • Weaving through traffic at high speeds |
How to Beat a Reckless Driving Charge
Beating a reckless driving charge often depends on evidence and intent. The prosecutor must prove beyond a reasonable doubt that your actions were willful and not just careless. Possible defenses include evidence that the prosecutor will present, such as the speed of your vehicle, the road conditions, and evidence of intoxication if applicable.
- Lack of intent — showing the incident was negligent, not deliberate
- Speedometer or GPS calibration evidence
- Witness testimony disputing dangerous behavior
- Absence of video or police dashcam proof
- Mechanical failure or weather conditions affecting control
- Error in judgment — demonstrating that the driver made a mistake rather than acting with ‘willful or wanton disregard’ can also be a valid defense.
An experienced Michigan reckless driving attorney can often negotiate a plea reduction to “careless driving,” avoiding criminal penalties and jail time. Prosecutors may reduce reckless driving charges to careless driving or impeding traffic based on clean history or a plea agreement. An experienced criminal defense lawyer can evaluate your situation to identify your best defenses and work to have your case dismissed or the charges reduced.
How Long Reckless Driving Stays on Your Record
A reckless driving conviction stays on your criminal and driving record permanently in Michigan.
However, license points drop off after two years.
For job applications, background checks, or CDL holders, this can have lasting impacts on insurance rates and employability. Victims of reckless driving accidents may be eligible for compensation from the at-fault driver’s insurance company. In Michigan, victims can seek compensation for pain and suffering, excess medical expenses, and lost earnings in excess of insurance coverage limits after a reckless driving accident. A reckless driving conviction can lead to a significant increase in insurance rates, often between 50% to 100%.
Tip: Expungement is sometimes possible after a waiting period if you meet eligibility criteria under Michigan’s Clean Slate Law.
People Also Ask
What Speed is Considered Reckless Driving in Michigan?
There’s no fixed speed that defines reckless driving. However, 16 mph or more over the speed limit can qualify as reckless or careless driving depending on conditions.
How Long Does Reckless Driving Stay on Your Record?
The conviction is permanent, though license points expire after two years. The points accrued from a reckless driving conviction remain on a driving record for two years, after which they are removed.
What Evidence is Used in Reckless Driving Cases?
Police reports, witness statements, dashcam or traffic footage, and accident reconstruction expert testimony.
Is it Better to Plead Guilty to Reckless Driving?
Not usually. Pleading guilty creates a criminal record, raises insurance premiums, and may lead to suspension. Always consult a defense attorney first.
What is the Lowest Punishment for Reckless Driving in Michigan?
Up to 93 days in jail, $500 fine, 6 license points, and a mandatory 90-day suspension. Reckless driving convictions may result in a hard 90-day driver’s license suspension without restricted driving privileges.
How Can You Beat a Reckless Driving Charge?
Through evidence showing lack of intent, mechanical error, GPS/speedometer records, or negotiation to a lesser careless driving offense.
Summary: What to Remember
- Reckless driving = willful disregard for safety (criminal offense)
- Careless driving = negligent behavior (civil infraction)
- Penalties escalate if injury or death occurs
- Convictions are permanent and impact your record, license, and insurance
- Legal representation can often reduce or dismiss charges through negotiation or trial
Disclaimer: This content is for informational purposes only and not legal advice. If you’ve been charged with reckless driving in Michigan, contact a qualified defense attorney immediately.