The Legal Impact of Reckless Driving Can Be Huge

From Road & Track

I handle a lot of lemon law cases but people often call my office on anything related to automobiles. Which means I end up talking to people about traffic citations. And when I don't hang up soon enough, I find myself in court representing these unfortunate drivers.

One thing I have found is that many people do not know when a mere traffic offense becomes something quite serious. I am speaking about the law in Michigan here but this will roughly parallel most other states as well. If the speed limit is 45 MPH, a police officer could–theoretically – pull you over and cite you for going 1 MPH if he or she believed you were going 46 MPH. This does not happen often but I do know someone who was cited for going 2 MPH over the limit. Before you accuse me of pulling your leg on that one, IT WAS ME. I got the ticket in a tiny town in Michigan's Upper Peninsula–a town that apparently raises its operating funds by taxing everyone who drives through the town. The tax is in the form of a ticket for whatever they can write you for. Almost no one lives near there. Who's going to go back and fight a ticket like that when they can just pay it by mail?

But once you hit a certain amount over the speed limit, a normal police officer can and will ticket you. Zero to 10 MPH is common–these are ranges – and if you fall in there your ticket will cost you a fine and you will get two points on your license. Too many of those points and you could lose it. And the ticket is not a crime in the true sense; in Michigan and many states, the lesser moving offenses are civil infractions. They cost you but they are not considered criminal. So many people think that the faster you go – the more points and the bigger the fines get. Which is true, but there comes a time when the offense changes to a crime and the penalties become stiffer.

So, instead of going 10 MPH, let's suppose you find yourself going 50 MPH over. Hey, it happens. Right? Many states have an actual amount "over" where the law enforcement officer can decide to charge you with Reckless Driving instead of simply "50 over," or whatever the magic number might be. I've heard of states where it is 25 over. Michigan defines a Reckless Driver as follows:

Don't get hung up on all the specific places. "I can't do donuts on the frozen stream?!" Notice that it is simply driving the vehicle in a way that is done with a disregard for others. And too much speed will qualify you for that. But, why does that matter? Look what can happen to you if you are convicted of Reckless Driving:

The crime is "punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both." Yes, you can go to jail AND you can be forced to cough up $500. And, you can get six points on your record. It's also a misdemeanor. As in, a crime. The final indignity? Your license will be suspended by the state for 90 days. That's right: You're walking for three months.

The upshot is this. People speed all the time. How much they speed varies from person to person and probably also on where the driving is taking place. But don't just assume that a few miles more per hour will simply add a few dollars or a few more points to your license. Push that pedal too hard and you may wind up in jail – with a criminal record when you get out.

Steve Lehto is a writer and attorney from Michigan. He specializes in Lemon Law and frequently writes about cars and the law. His most recent books include Preston Tucker and His Battle to Build the Car of Tomorrow, and Dodge Daytona and Plymouth Superbird: Design, Development, Production and Competition. He also has a podcast where he talks about these things.

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