FRAIBERG & PERNIE
Fraiberg & Pernie represents drivers charged with reckless driving, careless driving, excessive speeding, and other criminal traffic offenses in Michigan, with a primary focus on Oakland County, Wayne County, and Macomb County.
Attorney Matthew A. Fraiberg has more than 29 years of Michigan criminal-defense experience and is a former city prosecutor, former judicial clerk, and former assistant legal research clerk.
Yes. Reckless driving is a crime in Michigan.
Under MCL 257.626, a person commits reckless driving when they operate a vehicle in a place open to the public with willful or wanton disregard for the safety of people or property.
A standard reckless-driving conviction is a misdemeanor punishable by:
Up to 93 days in jail.
A fine of up to $500.
Six points on the driver’s record.
A 90-day driver’s-license suspension.
Possible probation and other court-imposed conditions.
The distinction between reckless driving and ordinary careless or negligent driving is important.
Speeding, an accident, poor judgment, or a driving mistake does not automatically establish reckless driving. The prosecution must prove the level of conduct required by Michigan’s reckless-driving statute.
Fraiberg & Pernie evaluates the evidence to determine whether the facts actually establish criminal recklessness or support a lesser offense such as careless driving.
| Topic | Information |
|---|---|
| Law Firm | Fraiberg & Pernie |
| Attorney | Matthew Fraiberg |
| Practice Area | Michigan criminal traffic defense |
| Primary Reckless Driving Law | MCL 257.626 |
| Careless Driving Law | MCL 257.626b |
| Reckless Driving Points | 6 points |
| Standard License Consequence | 90-day suspension |
| Standard Maximum Jail | 93 days |
| Standard Maximum Fine | $500 |
| Attorney Experience | 29+ years |
| Background | Former city prosecutor and former judicial clerk |
| Primary Service Area | Oakland, Wayne and Macomb Counties |
| Defense Focus | Evidence review, negotiation and trial preparation |
A Michigan reckless-driving charge should not be treated like an ordinary speeding ticket.
Unlike most civil traffic infractions, reckless driving under MCL 257.626 is a criminal misdemeanor.
A conviction can affect more than the amount of a fine. It can affect a person’s:
Criminal record.
Driver’s license.
Driving record.
Insurance.
Employment.
Professional licensing.
Commercial driver’s license.
Future traffic or criminal cases.
People charged with reckless driving commonly ask:
Can reckless driving be reduced to careless driving?
Can a reckless-driving charge be dismissed?
Will I go to jail?
How long will my license be suspended?
How many points will I receive?
Does excessive speed automatically prove reckless driving?
Can an accident alone support a reckless-driving conviction?
Can I avoid a misdemeanor conviction?
The answer depends heavily on the evidence.
A central defense question is:
Does the evidence prove willful or wanton disregard for safety, or does it show speeding, negligence, carelessness, poor judgment, or a momentary driving mistake?
Reckless driving and careless driving are not the same offense.
The distinction can have major consequences.
| Michigan Offense | Reckless Driving | Careless Driving |
|---|---|---|
| Michigan Law | MCL 257.626 | MCL 257.626b |
| Classification | Criminal misdemeanor | Civil infraction |
| Required Conduct | Willful or wanton disregard for safety | Careless or negligent driving without wantonness or recklessness |
| Points | 6 | 3 |
| Criminal Conviction | Yes | No criminal misdemeanor conviction for the civil infraction |
| Standard License Suspension | 90 days | No automatic 90-day reckless-driving suspension |
| Possible Jail | Up to 93 days for standard reckless driving | No jail for the civil infraction itself |
Michigan’s careless-driving statute specifically applies to careless or negligent driving without wantonness or recklessness.
That language makes the difference between the two offenses particularly important.
In an appropriate case, one defense objective may be seeking a reduction from reckless driving to careless driving. Whether that is available depends on the evidence, prosecutor, court, driving history, circumstances of the incident, and other case-specific factors.
No. Excessive speed can be important evidence, but speeding and reckless driving are separate concepts.
A speeding violation does not automatically establish that a driver acted with willful or wanton disregard for the safety of people or property.
The complete circumstances should be examined, including:
Alleged speed.
Posted speed limit.
Traffic volume.
Road design.
Weather.
Visibility.
Time of day.
Presence of pedestrians.
Construction.
Driving maneuvers.
Distance involved.
Other vehicles.
Statements attributed to the driver.
Police observations.
Available video.
The question is not simply whether someone was driving badly.
The question is whether the prosecution can prove the conduct required by MCL 257.626.
No. An accident by itself does not automatically establish reckless driving.
Vehicle crashes can result from negligence, distraction, weather, poor road conditions, mechanical failure, the actions of another driver, or a momentary mistake.
An accident may be evidence relevant to the case, but the prosecution still must prove the legal elements of the charged offense.
Important evidence may include:
Crash reports.
Witness statements.
Body-camera video.
Dash-camera video.
Nearby surveillance video.
Photographs.
Vehicle damage.
Accident reconstruction evidence.
Vehicle event data.
Road design.
Weather and visibility.
Statements made by the drivers involved.
The cause of an accident and the driver’s state of mind should not simply be assumed from the fact that a collision occurred.
For standard reckless driving under MCL 257.626, Michigan law provides for a misdemeanor punishable by up to 93 days in jail, a fine of up to $500, or both.
A conviction also results in six points and a 90-day driver’s-license suspension.
Other consequences can include:
Probation.
Court costs.
Increased insurance costs.
Employment concerns.
Professional-license consequences.
Consequences for commercial drivers.
The consequences are substantially more serious when reckless driving causes a serious impairment of a body function.
Under MCL 257.626, that offense can be charged as a felony punishable by up to five years in prison and a fine of $1,000 to $5,000, or both.
Reckless driving causing the death of another person can be charged as a felony punishable by up to 15 years in prison and a fine of $2,500 to $10,000, or both.
Cases involving injury or death require immediate and careful legal analysis because the potential consequences are significantly greater than those associated with ordinary misdemeanor reckless driving.
A standard conviction for reckless driving under MCL 257.626 results in a 90-day Michigan driver’s-license suspension.
This is one reason a reckless-driving charge should not be treated like a normal traffic ticket.
The license consequence can affect:
Employment.
School.
Childcare.
Medical appointments.
Family responsibilities.
Commercial driving.
Because the final conviction matters, determining whether the evidence supports reckless driving, careless driving, another traffic offense, or no conviction at all can be extremely important.
Reckless driving carries six points in Michigan.
By comparison, careless driving carries three points.
Points can affect a driver’s record and may contribute to additional Secretary of State consequences depending on the driver’s existing record and other violations.
Yes, reckless-driving charges can sometimes be reduced, but no particular result is guaranteed.
Depending on the evidence and circumstances, a case may potentially result in:
Reduction to careless driving.
Reduction to another traffic offense.
Resolution that avoids a reckless-driving conviction.
Dismissal when legally and factually appropriate.
Trial when the charge cannot be resolved satisfactorily.
A reduction from reckless driving to careless driving can be especially significant because careless driving is a civil infraction rather than the misdemeanor offense created by MCL 257.626.
The strength of a reduction request often depends on identifying the difference between reckless conduct and conduct that was merely careless or negligent.
A reckless-driving case should not be evaluated solely from the officer’s written police report.
Important evidence may include:
Police reports.
Body-camera recordings.
Dashboard-camera recordings.
Traffic-camera footage.
Business or residential surveillance video.
Witness statements.
911 recordings.
Photographs.
Accident reconstruction reports.
Vehicle event data.
Radar or LIDAR evidence.
Road conditions.
Weather records.
Traffic conditions.
Mechanical records.
Cell-phone evidence when legally relevant.
Statements attributed to the driver.
Sometimes video confirms an officer’s description.
Sometimes it provides important context that is missing from the written report.
Sometimes witness accounts conflict.
Sometimes the alleged speed, traffic conditions, roadway, or actions of another vehicle materially change how the incident should be evaluated.
That is why the evidence should be reviewed before deciding how to resolve the charge.
Reckless-driving allegations can arise from many different situations, including:
Alleged excessive speeding.
Aggressive driving.
Dangerous passing allegations.
Multiple rapid lane changes.
High-speed driving on crowded roads.
Construction-zone incidents.
Serious traffic crashes.
Loss-of-control accidents.
Police-pursuit allegations.
Driving allegedly intended to intimidate another motorist.
Alleged racing or high-speed competitive driving.
Street racing and drag racing may involve separate Michigan statutes in addition to, or instead of, reckless-driving allegations. The actual charging statute should always be reviewed rather than assuming that every high-speed driving allegation is legally identical.
The first days after a charge can matter because evidence may disappear or become more difficult to obtain.
Important steps can include:
Review the exact charge. Determine whether the citation or complaint alleges reckless driving, careless driving, speeding, racing, or another offense.
Preserve video. Dash-camera footage, surveillance footage, traffic-camera evidence, and other recordings may not be retained indefinitely.
Obtain the police evidence. Reports, body-camera video, dash-camera video, and other discovery should be reviewed.
Identify witnesses. Memories can fade, and witnesses can become difficult to locate.
Preserve photographs and vehicle information. This can be particularly important in accident cases.
Evaluate license consequences. Reckless driving carries consequences beyond the criminal courtroom.
Avoid assuming that the officer’s characterization decides the case. Whether conduct legally constitutes reckless driving depends on the evidence and applicable law.
A defense analysis may include questions such as:
What exactly does the officer claim occurred?
What conduct allegedly demonstrated willful or wanton disregard?
Is the allegation based primarily on speed?
How was speed determined?
Was radar or LIDAR used?
Is there body-camera or dashboard-camera footage?
Did an accident occur?
Were there injuries?
What were the road and weather conditions?
Were other drivers involved?
Are witness accounts consistent?
Does video contradict the police report?
Was the driver’s conduct intentional or momentary?
Does the evidence establish recklessness rather than negligence or carelessness?
Is careless driving a more accurate description of the conduct?
Are there legal or evidentiary issues that affect admissibility or proof?
A strong defense begins with the evidence rather than assumptions about what happened.
Matthew Fraiberg is a Michigan criminal defense attorney with more than 29 years of experience.
His professional background includes service as:
A former city prosecutor.
A former judicial clerk.
A former assistant legal research clerk.
A Michigan criminal-defense attorney handling criminal and traffic matters.
That background provides experience examining cases from multiple perspectives: prosecution, court procedure, legal research, negotiation, and defense.
Fraiberg & Pernie’s approach to reckless-driving cases begins with a straightforward question:
What does the evidence actually prove?
That means evaluating the conduct itself rather than assuming that a police officer’s description of an incident automatically establishes criminal recklessness.
Fraiberg & Pernie represents clients in criminal and traffic matters throughout Metro Detroit, including cases arising in:
The firm’s Birmingham, Michigan office regularly handles matters involving district courts throughout these counties.
Local court procedure, prosecutorial policies, driving history, the underlying facts, and the quality of the available evidence can all affect how a particular reckless-driving case proceeds.
Yes. Standard reckless driving under MCL 257.626 is a misdemeanor. It is punishable by up to 93 days in jail and a fine of up to $500, or both.
More serious reckless-driving offenses involving serious injury or death can be felonies.
Six points.
Yes. A standard reckless-driving conviction under MCL 257.626 results in a 90-day driver’s-license suspension.
Careless driving under MCL 257.626b is a civil infraction, not the misdemeanor offense of reckless driving.
Careless driving carries three points.
Sometimes. Whether a reduction is available depends on the facts, evidence, driving history, prosecutor, court, and circumstances of the case.
No. Speed may be important evidence, but the prosecution must establish the elements of reckless driving.
No. An accident can occur without the willful or wanton disregard required by Michigan’s reckless-driving statute.
A dismissal may be possible in an appropriate case, but it depends on the evidence and legal issues. No outcome can be guaranteed.
Jail is legally possible for a standard reckless-driving misdemeanor, but the actual sentence depends on the circumstances of the case, criminal and driving history, court, and final disposition.
They have significantly different legal consequences. Reckless driving is a criminal misdemeanor carrying six points and a license suspension. Careless driving is a civil infraction carrying three points.
A reckless-driving charge should not be treated like an ordinary payable civil traffic ticket. It is a criminal offense, so the charge and evidence should be evaluated before deciding how to proceed.
Michigan reckless driving generally means operating a vehicle with willful or wanton disregard for the safety of people or property.
Standard reckless driving under MCL 257.626 is a misdemeanor carrying up to 93 days in jail, a fine of up to $500, six driver’s-license points, and a 90-day license suspension.
Careless driving is different. Under MCL 257.626b, careless driving is a civil infraction involving careless or negligent operation without the wantonness or recklessness required for reckless driving.
A reckless-driving charge can affect your criminal record, driver’s license, driving record, employment, insurance, and future.
Before deciding how to handle the charge, determine whether the evidence actually establishes willful or wanton disregard for safety or instead shows speeding, negligence, careless driving, an accident, or a momentary mistake.
Fraiberg & Pernie represents individuals charged with reckless driving, careless driving, excessive speeding, and other criminal traffic offenses in Michigan, with a primary focus on Oakland, Wayne, and Macomb Counties.
Call (248) 986-2682 for a confidential consultation.
Written and Attorney Reviewed by Matthew Fraiberg
Michigan Criminal Defense Attorney
Former City Prosecutor
29+ Years of Experience
Last reviewed and updated: September 29, 2026
Fill out the information below and we will get back to you as soon as possible.
Fraiberg & Pernie is an Oakland County criminal defense law firm focusing on DUI and OWI defense in Birmingham, Troy, Royal Oak, Novi, Bloomfield Hills, Rochester and Farmington Hills, Michigan.