Traffic and Reckless Driving Defense in Gillette, WY

Traffic and Reckless Driving Defense in Gillette, WY

Most people think of a traffic ticket as a fine you pay and forget. But Wyoming doesn’t see it that way. Nearly every moving violation here is a criminal misdemeanor, and reckless driving can bring jail time, a mandatory license suspension, and a record that shows up on every background check.

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    Home » Criminal Defense » Reckless Driving » Traffic and Reckless Driving Defense in Gillette, WY

    Gillette sits on the I-90 corridor, where commuters, coal-haul trucks, oilfield crews, and out-of-state travelers share the road with the Gillette Police Department, the Campbell County Sheriff, and the Wyoming Highway Patrol. The Gillette Municipal Court and the Campbell County Circuit Courts defend drivers.

    When a Traffic Ticket Becomes a Criminal Charge in Wyoming

    Wyoming’s misdemeanor default

    Under W.S. § 31-5-1201(a), breaking Wyoming traffic laws is a misdemeanor, unless the law states that it’s a felony. This means that if you plead guilty or are found guilty at trial, you will face a court date and a criminal conviction. This is why a traffic stop in Gillette should be treated with the same level of attention as any other criminal charge.

    Reckless driving vs. careless driving

    These two charges may sound similar, but the difference between them can have a significant impact on your driving record and career.

    • Reckless driving, as defined in W.S. § 31-5-229, is driving with willful or wanton disregard for the safety of others and property. To prove this charge, the state must show that you were aware of a risk and deliberately chose to ignore it.
    • In contrast, careless driving, under W.S. § 31-5-236, refers to failing to exercise the care a reasonable driver would, resulting in an unreasonable risk to others. This charge is based on a negligence standard.
    • The difference between these two charges is crucial, as reckless driving can lead to mandatory license suspension and is considered a serious traffic violation on a commercial driver’s license. Careless driving, on the other hand, generally does not carry such severe consequences.

    Reckless Driving Charges in Campbell County: What You’re Facing

    A reckless driving conviction can have serious consequences:

    • Jail and fines: You could face up to 6 months in jail and a fine of up to $750.
    • License suspension: Your license will be suspended for 90 days for a first conviction and 6 months for a second conviction within 5 years. The judge cannot waive this.
    • Insurance requirements: After the suspension, you will need to provide proof of insurance for three years. This can lead to higher insurance premiums.
    • Criminal record: The conviction will appear on background checks and could affect your employment, housing, and professional licensing.

    Why paying the ticket can be the expensive option

    Paying a citation is treated as a guilty plea. Once that conviction is entered, the suspension, insurance filing, and record follow automatically. There is no way to undo it later because you did not realize what the payment meant.

    CDL Holders: The Stakes Are Higher

    Campbell County runs on trucks. Coal haulers, oilfield crews, and long-haul freight drivers on I-90 all have commercial licenses, and one traffic conviction can put those licenses at risk.

    The 0.04% BAC threshold

    Behind the wheel of a commercial vehicle, a blood alcohol concentration of just 0.04% (half the standard 0.08% limit) is enough to disqualify you from driving for a year. A DWUI conviction in any vehicle (including your own pickup) disqualifies you from holding a CDL for one year for the first offense and could mean lifetime disqualification for a second offense. Our Gillette DUI Defense page covers these cases in detail.

    Reckless driving is a “serious traffic violation”

    Under 49 CFR § 383.51 and Wyoming law, reckless driving is a serious traffic violation, along with speeding 15 mph or more over the limit and following too closely. 

    • Two convictions within 3 years result in a 60-day CDL disqualification. 
    • Three convictions within 3 years lead to a 120-day CDL disqualification.

    Your personal vehicle counts, too

    A serious violation in your own car counts against your CDL if the conviction leads to suspension of your driving privileges. Because Wyoming automatically suspends your license after reckless driving convictions, a weekend charge on your personal truck could still end up on your commercial record.

    Driving Under Suspension in Wyoming

    A suspended license can lead to criminal charges under W.S. § 31-7-134. The base offense is a misdemeanor punishable by up to 6 months in jail and a fine of up to $750. However, if the suspension was due to a reckless driving or DUI conviction, or if you are caught driving while the suspension is in effect, the law may require at least 7 days in jail. You will not be eligible for probation until the jail time has been served, and you may face a fine ranging from $200 to $750.

    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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      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

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      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

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      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

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      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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    Frequently Asked Questions About Traffic and Reckless Driving Charges in Gillette

    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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    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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      How can we reach you?

      2/4

      Tell Us About Your Case

      What criminal charge are you facing?

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