Reckless Driving Attorney
Reckless Driving Florida
Unlike speeding tickets, which are considered to be civil violations a reckless driving charge is defined as a criminal offense and comes with more, and more severe penalties. One will not be able to simply pay a fine and move on with their life if they are charged with a willful or wanton act.
Reckless Driving Definition
Reckless Driving is the operation a motor vehicle in a manner demonstrating a willful or wanton disregard for safety. As a criminal offense, Reckless Driving may carry misdemeanor or felony penalties, depending on whether the incident caused serious bodily injury
Reckless Driving Points & Fines
Reckless driving is a crime and upon conviction may carry a fine of up to $500 and 90 days in jail. In addition to fines and potential jail time, a conviction for reckless driving also includes points on your license and a very likely increase in your insurance rates. The consequences for a conviction of reckless driving are serious and far reaching. Reckless driving is typically a misdemeanor, but if serious bodily harm occurred, drivers may be facing felony charges.
The penalties available for reckless driving in Florida will depend on the number of prior offenses and the existence of property damage or personal injury.
A first offense in Florida (no bodily injury or property damage) is classified as a second degree misdemeanor, with penalties of up to 90 days in jail or 6 months of probation, and a $500 fine.
A second or subsequent offense for reckless driving is also a second degree misdemeanor, but carries a maximum penalty of up to 6 months in jail and up to a $1,000 fine.
Reckless driving penalties increase substantially where there is property damage or bodily injury. If the incident causes property damage or non-serious injury, the offense is defined as a first degree misdemeanor, with penalties of up to 1 year in jail or 12 months of probation, and a $1,000 fine.
If there is serious bodily injury, Florida law upgrades the offense to a third degree felony, with penalties of up to 5 years in prison or 5 years probation, and a $5,000 fine.
Reckless Driving Statues Florida 2015 (https://www.flsenate.gov/Laws/Statutes/2012/316.192)
316.192 Reckless driving.—
(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
(3) Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vehicle; and
(c) Who, by reason of such operation, causes:
2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term “serious bodily injury” means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.
(5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the person’s driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program.
To help fight and potentially beat a Reckless Driving charge you will need to hire a Criminal Traffic Attorney.
Have The Experience Of A Former Assistant State Attorney
Mitchell Frank has been a member of the Florida Bar since 1987. He graduated the University of Miami School of Law in 1986 and received a Business Degree from the University of Miami in 1983. Experienced Fort Lauderdale Ticket Attorney Serving Fort Lauderdale, Plantation, Davie, Pompano Beach, Weston, Deerfield Beach, Wilton Manors, Oakland Park, Coral Springs, Miami, South Beach, Miami Beach, Hallandale, and all of Broward County & Miami-Dade County
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