Reckless Driving

Reckless Driving in Michigan is viewed as a criminal offense. According to MCL 257.626 “…a person who operates a vehicle upon a highway or frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. If a conviction occurs, the punishment is set by the sentencing Judge within the limits described above. The Michigan Secretary of State also penalizes the driver by assessing 6 points to his or her license for 2 years from the date of conviction. However, this particular offense is not subject to expungement, and will always remain a part of the individual’s criminal and driving record upon conviction.

If another driver or pedestrian is injured or killed because of the reckless driving, the charge evolves into a felony. Reckless Driving Causing Death, pursuant to MCL 257.626(4) is a felony that carries a potential prison sentence of up to 15 years. Reckless Driving Causing Serious Impairment, pursuant to MCL 257.626(3), is a felony that carries up to 4 years in prison. Reckless or Careless Driving Resulting in a Miscarriage or Stillborn is a 2 year maximum felony offense. Likewise, these offenses result in drivers license sanctions. The driver is also potentially subject to a civil lawsuit which could result in a large money judgment.

Because Reckless Driving is viewed as a criminal offense, the accused driver must appear in Court, and cannot resolve the matter by just sending a check to the District Court for the city in which the allegation arose. A lawyer is required for this type of charge. For any criminal offense, the accused has the Constitutional protections of legal representation, a presumption of innocence, the burden of proof (beyond a reasonable doubt) resting with the prosecution, trial before a Judge or Jury, the right to confront witnesses, the right to compel witnesses to appear at trial, the right to testify, and the right to remain silent. When accused of any crime, it is recommended that you hire an experienced criminal defense attorney, such as the attorneys at Hilf & Hilf, PLC.