Unlike some minor traffic offenses, reckless driving is a criminal offense and carries harsh penalties and repercussions that go beyond fines, probation, and possible jail time. A permanent criminal record that includes a conviction of reckless driving can impact your employment opportunities, college applications, and the ability to obtain professional licenses and apply for loans.
If you receive a reckless driving ticket, do not hesitate to contact The Law Place Orlando reckless driving lawyers for a free case evaluation. A reckless driving attorney from The Law Place will leave no stone unturned when building your defense to fight your charges and minimize the penalties that you are facing.
Our reputable attorneys have extensive experience successfully defending clients in Orlando against reckless driving charges. We will work tirelessly to avoid a conviction and protect your freedom. Contact our legal team today at (941)-444-4444 for a free consultation and case evaluation.
What Is Reckless Driving in Florida?
In Florida, reckless driving is a criminal offense whereby an individual drives a motor vehicle with willful and wanton disregard for the safety of persons and property, as defined under section 316.192 Florida Statutes.
Penalties for Reckless Driving
If you are convicted of reckless driving, the penalties you face will depend on if the incident injured another person, involved property damage, and your past driving record, specifically whether you have been convicted of reckless driving previously.
In Florida, the first offense of reckless driving, with no bodily injury or property damage, is a second-degree misdemeanor, punishable with up to 90 days in jail or six months of probation and a $500 fine.
A second or subsequent offense of reckless driving is also a second-degree misdemeanor, with no option for probation. If reckless driving results in injury or property damage, this may be a first-degree misdemeanor offense, which carries up to one year in jail or 12 months of probation, and a $1,000 fine.
If an individual sustains a serious bodily injury as a result of reckless driving, you could be charged with third-degree felony reckless driving. This charge is punishable by up to five years of imprisonment or five years probation and a fine of $5,000.
A reckless driving conviction can bring further complications in addition to the penalties imposed by the justice system. If anyone is injured in your case, they may pursue a personal injury claim against you in civil court. A conviction can make it more likely that you are found responsible for the injuries caused to the victim and the subsequent compensation they claim for.
Financial compensation awarded in personal injury cases can be substantial. If you are personally liable to pay compensation, this could place you under significant financial pressure, in addition to penalties such as fines from the criminal court and jail time.
What Is the Difference Between Reckless Driving and Careless Driving?
Under Florida law, reckless driving is a criminal traffic offense, whereas careless driving is a civil traffic offense. Under Florida Statute, an individual can be guilty of careless driving if they fail to drive in a prudent and careful manner so as not to endanger life, limb, or property.
Careless driving citations are often given by police officers to the driver they believe to be at fault in a car accident. A careless driving citation is typically punishable by the addition of points to your driver’s license and large fines.
The main difference between careless and reckless driving is the driver displaying a willful or wanton disregard for safety. This means that an individual must have knowingly driven in a manner that could be dangerous, with an intentional indifference to the consequences that may occur.
Defenses Against a Reckless Driving Charge
There are a range of defenses that a reputable attorney will be able to use in your case if you are facing a reckless driving charge. For example, driving above the speed limit alone is often enough for a reckless driving charge.
To indicate that an individual displayed a willful or wanton disregard for the safety of others, speeding usually needs to be partnered with another factor, such as ignoring stop signs and crosswalks or driving in the middle of the road. In rare situations where a driver’s speed is grossly excessive, such as double the limit, this may be enough for a reckless driving charge without additional factors.
Other defenses that your attorney could use in your case include the following:
- Whether you were the individual driving.
- Whether there were people or property nearby to endanger.
- If the charge is based purely on the use of excessive speed.
- Whether the driver in question displayed a willful or wanton disregard or was merely careless or negligent.
- Whether the witness testimony and supporting evidence are reliable in supporting a conviction.
- Whether the driver displayed intentional and knowing disregard for safety or if other factors influenced the driving.
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Do I Need a Lawyer for Reckless Driving Charges?
To secure a reckless driving charge, the prosecution will conduct an intensive investigation to determine whether your actions can be considered reckless. The prosecution will thoroughly examine your actions and the surrounding circumstances to prove that you could foresee that your actions may have caused property damage, harm to another person, or death, and as such, you were driving recklessly.
The State of Florida takes reckless driving offenses very seriously, particularly those that involve injury to another person or property damage. Legal representation from an attorney with experience in reckless driving cases will offer you the best chance of avoiding harsh penalties and fighting a conviction.
From the initial call to updates on your case status, we are here to get you answers.
The Law Place Criminal Defense Attorneys, Orlando
Although penalties for reckless driving increase if you have a prior conviction, even a first-time offense can still result in harsh repercussions. The impacts of a reckless driving conviction could come back later in life and prove problematic when applying for a professional license or seeking employment.
The Law Place is a highly reputable Orlando law firm. Our award-winning criminal defense attorneys have successfully handled many traffic-related offenses, often resulting in our client’s charges being dropped or substantially diminished.
The Law Place offers free consultations and case evaluations, where you can speak with one of our reckless driving attorneys, who will offer you skilled legal guidance on how best to proceed with your case. Our consultation comes with no fees or obligations to continue with representation, but you will leave with more knowledge of the options available to you.
If you have been charged with reckless driving, contact an Orlando reckless driving lawyer today at (941)-444-4444.
