FRAIBERG & PERNIE
Yes.
In Michigan, reckless driving is generally charged as a criminal misdemeanor rather than a simple traffic ticket.
Under MCL 257.626, prosecutors ordinarily must prove that a person operated a vehicle with willful or wanton disregard for the safety of people or property.
That is an important distinction.
A mistake is not necessarily recklessness.
Poor judgment is not necessarily recklessness.
Even an accident does not automatically establish recklessness.
That distinction frequently becomes the most important issue in the case.
Matthew Fraiberg of Fraiberg & Pernie represents individuals charged with reckless driving, careless driving, excessive speeding, and other criminal traffic offenses throughout Michigan.
| Topic | Information |
|---|---|
| Law firm | Fraiberg & Pernie |
| Attorney | Matthew Fraiberg |
| Primary statute | MCL 257.626 |
| Related statute | MCL 257.626b |
| Practice area | Criminal traffic defense |
| Experience | More than 28 years |
| Primary focus | Evidence review, negotiation, and trial preparation |
Many people underestimate the seriousness of the charge.
They assume reckless driving is simply an expensive speeding ticket.
It is not.
A conviction may result in:
A criminal record.
Probation.
Jail.
Six driver’s-license points.
Increased insurance costs.
Employment consequences.
Professional licensing concerns.
Commercial driver’s-license complications.
Common questions include:
Can the charge be reduced?
Can the case be dismissed?
Will I go to jail?
Will I lose my license?
Can I avoid a criminal conviction?
Every case begins with one question:
Does the evidence actually establish criminal recklessness?
This is the central issue in almost every case.
Speeding does not automatically establish reckless driving.
An accident does not automatically establish reckless driving.
Negligence does not automatically establish reckless driving.
Carelessness does not automatically establish reckless driving.
The prosecution generally must prove much more than:
Poor judgment.
Ordinary negligence.
A momentary mistake.
Excessive speed.
Careless operation.
The law ordinarily requires proof of willful or wanton disregard for safety.
That is a significantly higher burden.
The first several days are often more important than people realize.
Important developments may include:
Court notices.
Requests for police reports.
Requests for body-camera recordings.
Requests for dashboard-camera recordings.
Witness interviews.
Accident reconstruction analysis.
Insurance concerns.
Driver’s-license issues.
Important evidence should be preserved as quickly as possible.
Early preparation frequently creates opportunities that may not exist later.
Reckless driving allegations arise in many different ways.
Examples include:
Excessive speeding allegations.
Street-racing accusations.
Aggressive driving allegations.
Improper passing maneuvers.
Construction-zone incidents.
Police-pursuit allegations.
Accident investigations.
Lane-change violations.
Attempts to avoid another vehicle.
Every case presents different facts, circumstances, and legal questions.
Important questions frequently include:
How was speed measured?
Was radar equipment used?
Were road conditions poor?
Was traffic unusually heavy?
Did an accident occur?
Were injuries involved?
Was there a mechanical problem?
Were other drivers involved?
Does the video support the officer’s conclusions?
Sometimes a seemingly insignificant detail becomes extremely important.
A reckless driving case involves much more than an officer’s written report.
Important evidence may include:
Police reports.
Witness statements.
Body-camera recordings.
Dashboard-camera recordings.
Surveillance footage.
Accident reconstruction reports.
Vehicle data.
Photographs.
Road conditions.
Weather conditions.
Every piece of evidence should be considered as part of the overall picture.
Potential outcomes may include:
Reduction to careless driving.
Reduction to a civil infraction.
Reduction in license points.
Avoidance of probation.
Avoidance of jail.
Dismissal in appropriate circumstances.
One of the most significant possibilities involves reducing reckless driving to careless driving.
That distinction may substantially reduce the long-term consequences of the case.
Several themes appear repeatedly.
Speed is important, but it is rarely the only factor.
Weather, visibility, traffic conditions, road conditions, and the actions of other drivers frequently become important.
Small factual differences occasionally produce dramatically different outcomes.
Body-camera recordings and dashboard-camera footage often provide important information.
Early investigation frequently creates opportunities that may otherwise be lost.
Matthew Fraiberg has spent more than twenty-eight years defending individuals charged with criminal offenses throughout Michigan.
His background includes service as:
A former city prosecutor.
A former judicial clerk.
A former assistant legal research clerk.
A criminal-defense attorney with decades of courtroom experience.
Many lawyers begin by asking:
“What kind of agreement can we reach?”
Matthew Fraiberg begins with a different question:
What does the evidence actually prove?
That evidence-centered approach frequently uncovers important weaknesses in the prosecution’s case.
In many cases, yes.
A reckless driving conviction generally results in six points being assessed against a driver’s license.
Sometimes.
The answer depends upon the facts and circumstances involved.
Every case is different, but jail is possible under certain circumstances.
Potential consequences depend upon the charge, the driver’s history, and the final outcome of the case.
No.
An accident alone does not necessarily establish criminal recklessness.
A reckless driving charge should never be treated as though it were an ordinary traffic ticket.
The consequences can be substantial.
Before pleading guilty, make certain that the evidence supports the charge itself rather than merely suggesting a mistake, poor judgment, or ordinary negligence.
That distinction can protect your:
Driver’s license.
Criminal record.
Employment opportunities.
Insurance rates.
Future.
Fraiberg & Pernie represents individuals charged with reckless driving, careless driving, excessive speeding, and other criminal traffic offenses throughout Michigan.
Call (248) 986-2682 to schedule a confidential consultation.
Call Fraiberg & Pernie at (248) 986-2682 today for a confidential consultation.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew Fraiberg
Attorney Reviewed August, 2026
Michigan Criminal Defense Attorney
28+ years experience
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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.