Reckless Driving under Florida Law
Tampa Reckless Driving Attorney
Contact an experienced Tampa criminal defense attorney to discuss your case if you have received a citation for "reckless driving" in the greater Tampa Bay area. Call 813-250-0500 to speak with a criminal attorney defense attorney about the particular facts of your reckless driving case today.
In many cases, a law enforcement officer will “over charge” the driver with the criminal offense “reckless driving” when a civil infraction for "careless driving" or "speeding" is the more appropriate charge. If you have receive a citation for reckless driving, speak with an experienced attorney before you go to court. The criminal offense of reckless driving will have serious consequences to your driving record, criminal record and insurance premiums for years to come.
The Reckless Driving Statute in Florida
The criminal offense of reckless driving is governed by Florida Statute Section 316.192. Reckless driving can be alleged even if no traffic accident occurred. Instead, the offense alleges that you drove your vehicle with “willful or wanton disregard” for the safety of another person or property.
The offense of reckless driving is not focused on any particular action of the driver, but instead it is focused on the driver’s state of mind. In many of these cases the prosecutor has a difficult time proving the driver's "state of mind," especially when the defendant did not make any statements admitting guilt and no accident occurred. Willful and wanton disregard for the safety of other requires more than merely driving too fast or improper passing.
Consequence to your Florida Driving Record for a Conviction for Reckless Driving:
If you are convicted of reckless driving, you will receive four (4) points on your driving record which can cause a serious increase in your insurance premiums, not to mention a criminal record. If the court agrees to "withhold adjudication" then you will not receive any points on your Florida driving record.
- First Offense of Reckless Driving:
For a first offense of reckless driving, the court can impose a jail sentence of up to 90 days, and a fine of $500.
- Second Offense of Reckless Driving:
For a second offense or subsequent conviction for reckless driving, the court can impose a jail sentence of up to six (6) months and a fine of $1,000.00.
Reckless Driving Involving Drugs or Alcohol:
If the court has reasonable cause to believe that alcohol or a controlled substance contributed to the reckless driving, the court order the defendant to complete a DUI program substance abuse education course and evaluation. Failure to complete the court will result in a suspension of your driver’s license.
Fleeing a Law Enforcement Officer:
The act of fleeing a law enforcement officer is reckless driving "per se." Reckless driving "per se" means that if you are found to have fled a law enforcement officer then the judge or jury is allowed to presume that you drove in a reckless manner with the "willful or wanton" disregard for the safety of property or other people.
Reckless Driving Causing Property Damage or Non-serious personal injury:
If while driving in a reckless manner, the driver actually caused property damage or non-serious personal injury to another, then the offense can be charged as a first degree misdemeanor punishable by a $1,000.00 fine and up to 12 months in jail.
Felony Reckless Driving:
If while driving in a reckless manner, the driver actually caused serious bodily injury to another person, then the offense is a third degree felony, punishable by up to five years in Florida State Prison and a $5,000.00 fine.
"Serious bodily injury" is defined under Florida law as an injury that causes some permanent harm such as brain damage, damage to a mental faculty, damage to an organ, noticeable scarring, loss of range of motion, physical disfigurement, extreme pain, damage to an organ, broken bone, or loss of consciousness.
The Reduced Charge of "Reckless Driving" to Avoid a DUI Conviction
Many individuals who enter a plea to reckless driving do so to avoid a DUI conviction under Florida law. Reducing a DUI to "reckless driving" is a way that prosecutors, judges, and criminal defense attorneys can compromise on a case that may not be successfully prosecuted at trial.
For the prosecutor, reducing the DUI to reckless driving is a way to resolve the case without risking a "not guilty" verdict that allows the driver to escape all consequences. For the individual charged with DUI entering a plea to the reduced charge of reckless driving is a way to resolve the case without the minimum mandatory punishments that accompany a DUI conviction and the other consequences that attach to the driver's license including a required DUI suspension. Find out more about avoiding a DUI conviction in Florida.
If you have been arrested or cited for "Reckless Driving," contact an experienced criminal defense lawyer to handle your reckless driving case in Tampa, St. Petersburg, Clearwater, New Port Richey, Dade City, Bartow, Brooksville, or Bradenton, Florida.
We represent clients charged with reckless driving throughout central Florida including Pinellas County, Pasco County, Polk County, Hillsborough County, Hernando County, Sumter County, Manatee County or Sarasota County, or the cities of St Petersburg, Clearwater, Tampa, Plant City, New Port Richey, Dade City, Brooksville, Bushnell, Bradenton, or Sarasota, Florida. Call 813-250-0500 to discuss your case with a criminal defense lawyer representing men and women charged with reckless driving.