Milwaukee Gets Its Wish, City Can Tow All Reckless Drivers

Ald. Lamont Westmoreland. Photo by Jeramey Jannene.

After two years of waiting, the City of Milwaukee is days away from a major change to when it can tow a vehicle.

A state law approved Tuesday would allow the city to tow and impound any vehicle driven recklessly.

The law change is a substantial escalation from when reckless driving citations were issued four years ago, and drivers could continue on their way.

In 2022, the city was allowed to impound vehicles driven recklessly if they were also unregistered. A 2023 change extended that to cases where the driver owned the vehicle and had an unpaid reckless driving citation.

“Those conditions, we found out, made the ordinance we passed somewhat useless,” said Alderman Scott Spiker at a press conference Wednesday at the city’s tow lot, 3811 W. Lincoln Ave.

The 2022 change yielded 595 tows through Feb 11, 2025. The 2023 change added only 11 more.

Ald. Lamont Westmoreland had warned his colleagues in 2023 that the latest policy change came with significant loopholes.

“It’s a two-ton weapon,” he said in October 2023. “We should look at this the same way we look at firearms. Let’s get as many of them off the street as possible.”

“Part of my job is to look for ineffective laws that don’t work, and that was one of them,” Westmoreland told Urban Milwaukee on Wednesday. “Somebody driving 100 mph down Capitol Drive — that wasn’t their first time doing that.”

“I would like to thank Alderwoman Westmoreland for being the driving force and pushing this through,” said Milwaukee Police Department Assistant Chief Craig Sarnow. “I think the message today is quite clear: if you choose to engage in the criminal negligent operation of a motor vehicle, if you choose to put the community and you choose to put lives at risk, we’re taking the car.”

“By impounding vehicles, regardless of ownership, used for reckless driving, it is the hope the people will be less inclined to engage in this negative behavior,” said Common Council President José G. Pérez.

“The problem we are facing is severe. It’s catastrophic. It’s literally costing us lives every day,” said Ald. Scott Spiker. “If you’re a one-time offender, that’s one time too many.”

The latest changes still leave a handful of potential loopholes or uintended consequences.

MPD will maintain the discretion on whether a tow is warranted. “If you have an ‘I Love Knitting’ decal on the back of your car, you might slide the first time,” said Spiker.

MPD standard operating procedure calls for a reckless driving citation to be issued any time it is qualified for, but towing is not mandated.

Westmoreland told Urban Milwaukee he’s also going to be monitoring carjackings and thefts that might spike if individuals see their vehicles impounded.

There is also an issue of timing and capacity. Vehicles currently towed by the city can be scrapped within 15 days or sold within 30 days said interim city parking services manager Peter Knox. Those towed under the reckless driving change would require the city to hold on to the vehicle for a minimum of 90 days, potentially consuming tow lot capacity.

Knox said the tow lot has 300 spaces reserved currently and expects an initial influx. “We’ll take it day by day,” he said. Knox said 22,000 to 25,000 vehicles are towed annually.

Retrieving a vehicle from the tow lot may become a costly affair for some. The city charges a $150 towing fee and a $25 per day for storage. Individuals will also need to pay $50 if the vehicle is uninsured and provide proof of insurance. The individual claiming the vehicle must also be listed on the title. The citation must also be paid.

The owners of vehicles reported stolen are not subject to any fees.

Adoption process

The bill, Assembly Bill 78, took a slow route through the Wisconsin State Legislature.

Representative Bob Donovan, R-Greenfield, a former Milwaukee alderman, led the Assembly in unanimously adopting the proposal in March.

The Senate’s Committee on Judiciary and Public Safety passed the proposal in April, but it and several other bills subsequently languished.

The full Senate didn’t meet for more than 90 days.

On Monday, lead sponsor Senator Van Wanggaard, R-Racine, introduced an amendment that gave officers the discretion on whether to initiate a tow. The move was designed to get support of Democrats and the governor.

It was then adopted Tuesday and returned to the Assembly with the amendment. The Assembly unanimously approved the policy the same day.

After the Assembly vote, the law was forwarded to Governor Tony Evers.

Milwaukee and others cities seeking to use the authorization would also be required to adopt an ordinance to enact the policy.

“I am looking for immediate adoption at our next council meeting. The ordinance is drafted,” said Westmoreland. The council is next scheduled to meet Nov. 7.

Mayor Cavalier Johnson has previously supported the policy change. His first act in office in late 2021 was to declare reckless driving a public safety crisis.

A proposal to allow the city to use red light or speed enforcement cameras had its first Senate hearing last week, but faces an uncertain future.

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