Laws regarding reckless driving charges vary from state to state—including the name of the offense and its definition. This offense may also be known as reckless operation of a motor vehicle or driving to endanger—but generally requires that the government (prosecution) prove the driver was willfully operating a motor vehicle in a way that showed indifference to the safety of persons or property.

And in some states certain driving behavior may be considered reckless driving per se (pronounced pur-Say)—which is reckless driving by definition or “on its face.” For example, if a driver is driving more than 30 miles per hour over the speed limit or is engaged in street racing, the driver may be charged with reckless driving per se, and the prosecutor will not be required to prove any other elements of the reckless driving offense, as such behavior is reckless driving by definition—with the definition being provided by the state legislature in the traffic code.

As with many traffic violations, the officer issuing the citation and the prosecutor have significant discretion in determining whether there was a violation of a traffic law and whether the violation constitutes a certain offense, as defined by the state legislature in the traffic code or in a municipal ordinance.

This discretion to issue a ticket or citation and prosecute the charge against the driver is balanced by the discretion of the jury or judge in determining whether the prosecution met its burden of proof sufficient to convict the driver (for a criminal offense) or find the driver responsible (for a civil infraction, violation, or offense).

In Wisconsin, reckless driving is addressed under Wisconsin Statutes section 346.62, which defines reckless driving as operating a vehicle 'with willful or wanton disregard for the safety of persons or property.' This means that the prosecution must prove that the driver intentionally operated the vehicle in a manner that could endanger others or property. Wisconsin law also recognizes certain behaviors as reckless driving per se, such as excessive speeding or street racing. If a driver is caught engaging in these activities, they can be charged with reckless driving without the need for additional evidence of recklessness. The decision to issue a citation and prosecute a charge of reckless driving is at the discretion of the officer and the prosecutor, but ultimately, a judge or jury must be convinced beyond a reasonable doubt that the driver committed the offense for a criminal conviction to occur. Penalties for reckless driving in Wisconsin can include fines, license suspension, and even imprisonment, depending on the severity of the offense and whether it resulted in injury or property damage.