Traffic & Reckless Driving Defense Attorney in Cheyenne, WY

Traffic & Reckless Driving Defense Attorney in Cheyenne, WY

A reckless driving conviction in Wyoming comes with a 90-day license suspension that WYDOT is required by law to impose. That’s in addition to up to six months in jail and a criminal record. In Cheyenne, a “traffic ticket” can become a criminal case.

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    Home » Criminal Defense » Reckless Driving » Traffic & Reckless Driving Defense Attorney in Cheyenne, WY

    Just Criminal Law defends drivers charged in Cheyenne and Laramie County, from local residents and out-of-state truckers stopped on I-25 and I-80. Our founder, Christina L. Williams, is a former prosecutor. She knows how these cases are built and where they fall apart.

    Traffic and Reckless Driving Charges We Defend in Cheyenne

    Not every traffic ticket requires a lawyer. However, these tickets do:

    • Reckless driving
    • Driving while your license is suspended, revoked, or cancelled
    • Fleeing or attempting to evade, including the aggravated version of the felony
    • Careless driving, especially after an accident with injuries or property damage
    • A fourth moving violation in the past 12 months, which can lead to the loss of your license
    • Traffic charges filed in conjunction with a DUI in Cheyenne

    Reckless Driving in Wyoming (W.S. 31-5-229)

    The statute is one sentence. Under W.S. 31-5-229, you are guilty of reckless driving if you drive in willful or wanton disregard for the safety of people or property. This is why so many arrests end with this charge.

    What “Willful or Wanton Disregard” Means

    Speed alone is usually not enough. Nor is an honest mistake. The state must show that you knew, or should have known, that your driving caused a serious risk and you still did it.

    Officers in Cheyenne often issue tickets for reckless driving in situations such as:

    • Driving at triple-digit speeds on Interstate 80 or 25.
    • Weaving through traffic on Dell Range Boulevard or Lincolnway.
    • Racing, burnouts, or “showing off” in parking lots.
    • Passing on blind hills on two-lane country roads. This happens more often than people expect.

    Whether the facts truly rise to the level of “willful or wanton” often determines the whole case.

    Reckless Driving Penalties

    Under W.S. 31-5-1201(f), a conviction carries up to six months in jail, a fine of up to $750, or both. Then, WYDOT steps in. W.S 31 -7-128 requires a 90-day suspension for a first conviction and six months if you have a prior reckless driving conviction within five years.

    Driving Under Suspension, Eluding and Careless Driving

    Driving Under Suspension

    Driving with a suspended, revoked, or cancelled license is a criminal offense under W.S. 31-7-134, punishable by up to six months in jail and a fine of $750. The penalty increases if the suspension was due to a reckless driving or DWUI conviction, or if this is your second violation within the same suspension period:

    • A mandatory minimum of 7 days in jail is required.
    • Probation is not available until the 7 days have been served.
    • The fine ranges from $200 to $750.

    Fleeing or Attempting to Elude

    Under W.S. 31-5-225, failure to stop for a police officer’s signal is a misdemeanor punishable by up to six months in jail and $750 fine. It becomes an aggravated eluding felony, carrying up to five years in prison and a fine of $5,000 if you have prior eluding convictions, try to cause or knowingly cause bodily harm, or cause more than $10,00 worth of property damage to another person.

    One detail matters a lot here. The statute requires officers to be in uniform with a badge displayed and drive marked police vehicles. Stops by unmarked cars raise real questions.

    Careless Driving and Lesser Charges

    Careless driving means failing to use the care that a reasonably prudent driver would use, in a way that creates an unreasonable risk of harm. A first conviction carries a fine of up to $200. Penalties increase for repeat convictions within a year, up to six months in jail for a third offense.

    It’s also a common negotiation target. The mandatory suspension under W.S. 31-7-128 applies to reckless driving, so reducing it can protect your license. Whether that’s realistic depends on the facts.

    I-25 and I-80 Stops Through Laramie County

    Cheyenne sits where I-25 meets I-80, and the Wyoming Highway Patrol work both corridors hard. Many people who call us are just passing through.

    Every stop leaves a record that can be reviewed. We look at:

    • Whether the police officer had a legal reason to stop you in the first place.
    • How the speed was measured (by radar, lidar, or the officer’s estimation) and whether the equipment used was calibrated.
    • Video from the police car’s dash camera and body camera, which may not always match the written citation.

    Out-of-state drivers should know that Wyoming convictions usually follow you home. Wyoming may suspend your non-resident driving privileges and your home state may treat a conviction as if it occurred there.

    License, Points and Insurance Consequences

    Wyoming doesn’t use a points system, but instead counts convictions. The counting adds up quickly, and can lead to serious consequences.

    • For reckless driving, a mandatory 90-day suspension is required, or six months if there have been previous offenses in the last five years.
    • If you receive four moving violations in 12 months, you will face a 90-day suspension plus 90 more days for each additional violation. This is according to the WYDOT driving privilege guide.
    • After any suspension, you must provide proof of financial responsibility for three years, often referred to as an SR-22.
    • For CDL holders, reckless driving can be considered a “serious traffic violation” under 49 C.F.R. 383.51. If you have two such violations within three years, you may face a 60-day disqualification. This can apply even if you were driving your personal vehicle at the time.

    Related Charges We Also Defend

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    Vehicular Assault Reckless driving that causes serious injury can be charged as vehicular assault.
    Vehicular Homicide Reckless driving that causes death results in homicide by vehicle charges.
    DUI / DWUI DUI charges and reckless driving charges frequently arise from the same traffic stop.
    Misdemeanors Reckless driving is a criminal misdemeanor — not a civil infraction.
    Felonies Repeat reckless driving or reckless driving causing serious harm can reach felony territory.

    Why Clients in Wyoming and South Dakota Choose Just Criminal Law

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    Former Prosecutors on Your Side

    Our attorneys spent years working for the state before switching sides. We know exactly how prosecutors build cases and exactly where to find the holes.

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    Criminal Defense Is All We Do

    We do not split our focus between practice areas. Every attorney, every resource, every minute is focused on one thing: your criminal defense.

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    Local Knowledge That Matters

    We know the courts, the judges, and the prosecutors across Wyoming and western South Dakota. Local familiarity shapes strategy and strategy shapes outcomes.

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    Spanish Language Services Available

    Servicios de traduccion en espanol disponibles. Every client fully understands their case, their options, and their rights.

    25+ Years of Success

    Real Results for Wyoming & South Dakota Clients

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      Other
      Suppression Appeal — Wyoming Supreme Court

      District Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.

      Barney v. State of Wyoming — Wyoming Supreme Court

    • Dark blue painted brick wall with uniform rectangular bricks in horizontal pattern.
      CASE DISMISSED
      Reckless Endangering / Domestic Battery / Child Endangering — Wyoming

      Client charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.

      State v. Quezada-Lopez — Wyoming Circuit Court

    • Dark blue painted brick wall with uniform rectangular bricks in horizontal pattern.
      CASE DISMISSED
      DUI / DWUI — Wyoming

      Client charged with DUI. State unable to lay foundation for the breath test. Case dismissed.

      State v. Von Olnhausen — Wyoming Circuit Court

    • Dark blue painted brick wall with uniform rectangular bricks in horizontal pattern.
      CASE DISMISSED
      Felony Child Abuse — Wyoming

      Client charged with accessory after the fact and aggravated child abuse — a felony. State unable to meet its burden of proof at preliminary hearing. Felony count dismissed.

      State v. Bullinger — Wyoming District Court

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    Charged with a crime in Wyoming? Time is critical.

    The sooner you have an attorney, the more options you have.

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    What Clients Say About Just Criminal Law

    Frequently Asked Questions About Traffic and Reckless Driving Charges in Cheyenne

    Yes. Reckless driving in Wyoming is a criminal misdemeanor under Wyo. Stat. § 31-5-229, not a civil traffic infraction. This means that if you are found guilty, you will have a criminal record for life, not just a traffic ticket. It shows up on background checks, could affect your professional license, and could even get you jail time. If you have been charged with reckless driving in Wyoming, you should take it as seriously as any other criminal charge. Many people are surprised to learn this.

    There is a difference between reckless driving and careless driving in Wyoming. To drive recklessly, you have to “willfully or wantonly” not care about the safety of other people. This means you know the risk and don’t care about it. Driving carelessly means driving without taking the proper precautions, which is a lower standard. Driving carelessly is usually a civil offense that comes with a fine, while driving recklessly is a criminal offense. The way your behavior is described makes a big difference in the consequences you face.

    Yes. Federal CDL rules state that commercial drivers found guilty of certain traffic offenses, such as reckless driving, will face additional penalties. If you are caught driving a commercial vehicle while reckless, you may lose your CDL. Depending on the circumstances, even a conviction involving a personal vehicle can affect your CDL. If you are a commercial driver and are found guilty of reckless driving, the penalties go beyond what the state says and can directly affect your ability to make a living.

    Yes, in a lot of cases. Sometimes you can negotiate your reckless driving charges, especially if it’s your first offense and the evidence of “willful or wanton” behavior isn’t very strong. We often get reckless driving charges reduced to careless driving or other traffic offenses that aren’t crimes and don’t appear on your criminal record. It depends on the facts, your history, and the jurisdiction, whether you can get a reduction. This is the exact result we want in every case of reckless driving.

    To be found guilty of reckless driving in Wyoming, you must have been “willful or wanton” in your disregard. It means more than just being careless or not paying attention. The driver had to have known that what they were doing was dangerous to other people, or they had to have acted in a way that showed they didn’t care about the obvious risk. The prosecution must prove this important legal standard beyond a reasonable doubt. The willful or wanton standard may not be met if the driving was unsafe but not intentionally reckless, like when someone speeds without doing anything else dangerous or when they make a mistake or are in a hurry.

    Wyoming Criminal Defense — Communities We Serve

    We are based in Gillette, Wyoming, and serve clients across the state and into western South Dakota. Our team knows the local courts, prosecutors, and judges in every community we serve — and that local knowledge makes a real difference in criminal defense.

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    South Dakota
    Attending the Sturgis Motorcycle Rally?

    We provide on-call criminal defense for Rally-related arrests including DUI, drug charges, weapons offenses, and assault. Call us 24/7 during Rally week.

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    Request Your Free Reckless Driving Defense Consultation

    If you have been charged with reckless driving charges in Wyoming or South Dakota, the sooner you speak with an attorney, the more options you have. Call Just Criminal Law today for a free, confidential case review.

      Start Your Case Review

      Same-day case reviews are free. Limited availability.

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