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Traffic Offenses | June 3, 2021

Is Driving Barefoot Illegal?

Driving Barefoot Is Not a Crime, But It Can Lead to Criminal Charges

Believe it or not, countless people drive barefoot. Now that it’s summertime, however, people may drive barefoot at higher rates than usual because of the warmer weather. For this reason, we find it necessary to discuss the laws on driving barefoot in addition to the risks of doing so.

Contrary to popular belief, no state in the US has laws against driving barefoot. State officials have surely taken a stance against driving barefoot, but legislators have not passed laws against it. However, driving barefoot because it is legal does not mean it’s entirely safe. You could still get charged with offenses like reckless driving in serious instances, especially if driving barefoot caused you to put other people’s lives at stake.

Driving barefoot is not the only concern, as wearing other types of footwear can be just as dangerous as driving barefoot, if not more. Wearing the following footwear while operating a motor vehicle could pose a safety risk to you, your passengers, and other people you share the roads with:

  • Flip flops
  • Open heeled sandals
  • High heels
  • Wedge heels
  • Thick soled boots or shoes
  • Shoes with long laces
  • Shoes without traction or with slippery soles
  • Open-toed shoes
  • Slip-on shoes

You are better off driving with closed-toed shoes such as sneakers (as long as the laces are not too long) to better avoid getting into an accident. Sturdy, reliable footwear could reduce your chances of making a dangerous or fatal mistake on the roads.

Is It Safe to Drive Barefoot?

Like we mentioned before, although many people drive barefoot and it is technically legal, that doesn’t mean it is safe. Driving barefoot can be potentially dangerous because:

  • Bare feet may slide off the pedal more easily than with shoes, especially when wet.
  • You may not be able to apply the same braking force in bare feet as you can while wearing a pair of shoes.
  • It could be considered distracted driving, especially if driving barefoot causes an accident. You could also get a ticket if a police officer suspects driving barefoot was the cause.
  • In the event of an accident or other incident, driving with bare feet increases your risk of injury and could limit your ability to retreat to safety quickly.

Could Driving Barefoot Lead to Reckless Driving Charges?

Driving barefoot may not be illegal, but doing so could warrant other types of accusations. In Wisconsin, no person may do the following, otherwise, they will be guilty of reckless driving:

  • Endanger the safety of any person or property by the negligent operation of a vehicle
  • Recklessly endanger the safety of any person by driving a vehicle on or across a railroad crossing or through, around, or under any crossing gate or barrier at a railroad crossing
  • Cause bodily harm to another by the negligent operation of a vehicle
  • Cause great bodily harm to another by the negligent operation of a vehicle

A first-time reckless driving offense in Wisconsin is a misdemeanor punishable by a $200 fine and 6 points assessed to your driving record. As you can see, a reckless driving charge centers around the negligent operation of a vehicle. Endangering safety or causing a degree of harm to another person is seen as a serious offense. A judge may consider driving barefoot as negligent, especially in circumstances such as dangerous road or weather conditions, and find a person guilty of reckless driving as a result.

Thus, our lawyer encourages you to steer clear of driving barefoot at all times because it’s simply not worth it. Besides criminal and administrative penalties, you could get civil penalties if the victim decides to sue you and wins their lawsuit. Together, the consequences of driving barefoot far outweigh the benefits.

If you got accused of reckless driving, our lawyer wants to hear from you. We encourage you to contact us at (414) 347-9334 to explain your situation and learn how we can defend your freedom!

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