In Florida, Reckless Driving is a criminal offense defined as the operation a motor vehicle in a manner that demonstrates a willful or wanton disregard for the safety of others. If you have been arrested or cited for reckless driving in Orange County or Seminole County, Florida, contact an experienced Orlando Reckless Driving Attorney for a free consultation. My goals are to:
- Evaluate the facts of your case;
- Collect all written reports and video evidence;
- Identify all possible defenses; and
- Do whatever is necessary to avoid a reckless driving conviction.
Reckless Driving Defined Under Florida Law
The crime of reckless driving is defined under Florida Statute 316.192. Under the reckless driving statute, reckless driving consists of two elements:
- The defendant drove a motor vehicle; and
- The defendant did so with a willful or wanton disregard for the safety of persons or property.
The term willful means intentionally, knowingly, and purposely. Wanton means that the accused drove the vehicle with a conscious and intentional indifference to consequences and with knowledge that damage was likely to be done to persons or property.
Florida Reckless Driving Penalties
The penalties for reckless driving in Florida can be severe. A first offense in Florida is a second-degree misdemeanor, with penalties of up to 90 days in jail, six months 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 six months in jail and up to a $1,000 fine.
The penalties for reckless driving in Florida 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 one year in jail or 12 months probation, and a $1,000 fine. If there is serious bodily injury, the offense is a third-degree felony with penalties of up to 5 years in prison or 5 years probation, and a $5,000 fine.
Defenses to Reckless Driving
There are many defenses available to contest the charge of reckless driving. Some of the more common defenses include the following:
- Was the defendant the actual driver?
- Did the defendant drive with intentional disregard for other persons or property?
- Do the facts of this case resemble the lesser charge of careless driving?
- Were persons or property actually endangered as a result of the defendant’s driving?
- Are there any witnesses to this incident, other than the arresting police officer?
- Is there an in-car video or other independent evidence that supports the police officer’s allegations?
- Are there other witnesses to contradict the police officer’s version of events?
Call Me to Schedule a Free Consultation Today
Reckless driving is a serious charge that can result in imprisonment, higher insurance premiums & a permanent conviction on your driving record. If you have been accused of reckless driving in Seminole County or Orange County, Florida, you may have valid legal defenses to fight the charge or to minimize potential penalties. Call me at 407-740-7275 to discuss your options.
In Florida, Reckless Driving is a criminal offense defined as the operation a motor vehicle in a manner that demonstrates a willful or wanton disregard for the safety of others. If you have been arrested or cited for reckless driving in Orange County or Seminole County, Florida, contact an experienced Orlando Reckless Driving Attorney for a free consultation. My goals are to:
- Evaluate the facts of your case;
- Collect all written reports and video evidence;
- Identify all possible defenses; and
- Do whatever is necessary to avoid a reckless driving conviction.
Reckless Driving Defined Under Florida Law
The crime of reckless driving is defined under Florida Statute 316.192. Under the reckless driving statute, reckless driving consists of two elements:
- The defendant drove a motor vehicle; and
- The defendant did so with a willful or wanton disregard for the safety of persons or property.
The term willful means intentionally, knowingly, and purposely. Wanton means that the accused drove the vehicle with a conscious and intentional indifference to consequences and with knowledge that damage was likely to be done to persons or property.
Florida Reckless Driving Penalties
The penalties for reckless driving in Florida can be severe. A first offense in Florida is a second-degree misdemeanor, with penalties of up to 90 days in jail, six months 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 six months in jail and up to a $1,000 fine.
The penalties for reckless driving in Florida 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 one year in jail or 12 months probation, and a $1,000 fine. If there is serious bodily injury, the offense is a third-degree felony with penalties of up to 5 years in prison or 5 years probation, and a $5,000 fine.
Defenses to Reckless Driving
There are many defenses available to contest the charge of reckless driving. Some of the more common defenses include the following:
- Was the defendant the actual driver?
- Did the defendant drive with intentional disregard for other persons or property?
- Do the facts of this case resemble the lesser charge of careless driving?
- Were persons or property actually endangered as a result of the defendant’s driving?
- Are there any witnesses to this incident, other than the arresting police officer?
- Is there an in-car video or other independent evidence that supports the police officer’s allegations?
- Are there other witnesses to contradict the police officer’s version of events?
Call Me to Schedule a Free Consultation Today
Reckless driving is a serious charge that can result in imprisonment, higher insurance premiums & a permanent conviction on your driving record. If you have been accused of reckless driving in Seminole County or Orange County, Florida, you may have valid legal defenses to fight the charge or to minimize potential penalties. Call me at 407-740-7275 to discuss your options.
