Reckless Driving Vehicle Impoundment Ordinance: What You Need to Know

Last week, my colleagues on the Common Council unanimously adopted an ordinance that I authored that allows Milwaukee Police to impound vehicles used in reckless driving offenses, even if the driver is not the owner and/or it’s their first offense. Saving lives, preventing injury, and protecting property remain my top priorities.

Since then, my office has received calls and emails asking clarifying questions about this ordinance, how it works, and what other important details need to be known. To assist, I worked to create the following FAQ document that should clarify most questions.

That said, the easiest way to make sure you don’t fall subject to this new ordinance is to drive responsibly, be mindful of who you let borrow your vehicle, and take all necessary precautions to prevent unauthorized use of your vehicle.

Reckless Driving Vehicle Impoundment Ordinance – FAQ

Q: What is considered “reckless driving”?

A: Reckless driving depends on the speed, manner of driving, and surrounding circumstances such as location, time, and traffic conditions. To prove reckless driving, the following elements must be established by clear and convincing evidence:

1. The driver operated a motor vehicle on a public street.

2. The driver operated the vehicle in a manner that constituted criminal negligence.

3. The driver’s criminally negligent operation endangered the safety of another person or property.

Criminal negligence means:

• The driver’s operation of the vehicle created a risk of death or great bodily harm;
• The risk was unreasonable and substantial; and
• The driver should have been aware that their actions created this unreasonable and substantial risk.

Q: What happens if MPD stops and cites (and possibly arrests) a driver for reckless driving?

1. If the vehicle is reported stolen:

• MPD will make every reasonable effort to determine if the vehicle has been reported stolen upon impounding.
• Vehicle will be towed to City Tow Lot and will be released to the owner without the payment of a fee or charge.

2. If the vehicle is not stolen:

• The vehicle will be impounded and towed to the City Tow Lot.

Q: My vehicle was stolen, used in a reckless driving incident, and ended up at the City Tow Lot. Do I have to pay to get it back?

A: No. If your vehicle was stolen and used without your consent, all fees are waived. You will not have to pay anything to recover your vehicle.

Q: I loaned my vehicle to someone, and it was used in a reckless driving offense. What will it cost me to get it back?

A: In this case, the titled owner must pay the following fees:

• $150 tow fee minimum
• $25 per day for storage
• $50 relocation fee (release to private tow company) if vehicle is not insured

Q: My keys were taken by a family member/friend, and my vehicle was taken without my permission – what should I do?

A: Report the vehicle stolen to MPD as soon as possible.

Q: My vehicle was impounded for reckless driving. What must I do to retrieve it?

A: The following conditions must be met before a vehicle can be released:

1. The titled owner must retrieve the vehicle.

2. The owner must present a valid driver’s license. If you do not have a valid license, you may use a state ID or passport – but then the vehicle can only be released to a private tow company for transport, or released to a licensed driver.

3. If the person retrieving the vehicle is not the titled owner, they must first title and register the vehicle in their name, or they need the titled owner to come to the tow lot to make arrangements.

4. ALL citations must be paid in full.

5. Vehicle must be retrieved within 90 days. On the 91st day, the vehicle will be eligible to be sold or destroyed and recycled (based on whichever option yields a greater return to the City). If the vehicle is stolen, it may be disposed of after 60 days.

Q: How can I avoid ever dealing with this situation?

A: Drive responsibly. Follow all traffic laws. Don’t lend your vehicle to someone you know has questionable driving habits. And take proper steps to ensure your car is safe from unauthorized use.

NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.