Reckless Driving
A conviction for Reckless Driving can result in serious consequences such as jail time, points against your license that could result in it being suspended, fines, and a permanent criminal record. If you are facing a Reckless Driving charge, don't wait to get help. Contact Hunt Law today for a confidential consultation and start building your defense immediately.
What is Reckless Driving in Florida?
Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of Reckless Driving.
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"Willful" means intentionally, knowingly and purposely.
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"Wanton" means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property.
In Florida, Reckless Driving is a criminal offense, not just a traffic ticket. A person can be charged when they operate a vehicle with a willful or wanton disregard for the safety of others or property, meaning their driving shows a conscious and dangerous lack of care.
What Counts as Reckless Driving?
Reckless Driving involves more than simple negligence or a mistake behind the wheel. It generally includes behavior such as:
​- Excessive speeding combined with dangerous maneuvers
- Aggressive weaving through traffic
- Running multiple traffic signals
- Intentionally driving in a way that puts others at risk
Potential Jail Time
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Reckless Driving is a unique 2nd degree misdemeanor, punishable by up to 90 days in the county jail.
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A second or subsequent conviction is punishable by up to 6 months in the county jail.
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Reckless Driving causing property damage or non-serious bodily injury is a 1st degree misdemeanor, punishable by up to 1 year in the county jail.
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Reckless Driving causing serious bodily injury is a 3rd degree felony, punishable by up to 5 years in Florida State Prison.
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A conviction for Reckless Driving carries a minimum fine of $25 and a maximum fine of $500.
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A second or subsequent conviction carries a minimum fine of $50 and a maximum fine of $1,000.
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A conviction for Reckless Driving causing property damage or non-serious bodily injury carries a maximum fine of $1,000.
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A conviction for Reckless Driving causing serious bodily injury carries a maximum fine of $5,000.
What Are The Elements Of Reckless Driving?
To prove the crime of Reckless Driving, the State must prove the following beyond a reasonable doubt:
Give if § 316.192(1)(a), Fla. Stat. is charged.
(Defendant) drove a vehicle in Florida with a willful or wanton disregard for the safety of persons or property.
Give if § 316.192(1)(b), Fla. Stat. is charged.
(Defendant), while driving a motor vehicle, fled from a law enforcement officer.
Give if applicable. § 316.192(3), Fla. Stat.
If you find (defendant) guilty of Reckless Driving, you must also determine whether the State has proven beyond a reasonable doubt that [he] [she] caused [damage to the [property] [or] [person] of another] [or] [serious bodily injury to another] as a result of operating the vehicle recklessly.
Definitions. Give if applicable.
W.E.B. v. State, 553 So. 2d 323 (Fla. 1st DCA 1989).
“Willful” means intentionally, knowingly, and purposely.
“Wanton” means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property.
§ 316.003, Fla. Stat. Some of these terms have their own statutory definitions, which should be given if necessary.
A “vehicle” is any device in, upon, or by which any person or property is, or may be, transported or drawn upon a highway[, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks].
§ 316.192(3)(c)2, Fla. Stat.
“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.
§ 316.003, Fla. Stat. Some of these terms have their own statutory definitions, which should be given if necessary.
A “motor vehicle” is a self-propelled vehicle not operated upon rails or guideway[, but not including any bicycle, electric bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery device, swamp buggy, or moped].
Call Now For A Free Consultation
If you've been charged with Reckless Driving in Hillsborough County, it's important to act quickly. A conviction can result in jail time, probation, fines, and points against your driver's license. Call now to speak with an experienced Criminal Defense Attorney and take the first step towards building a strong defense.
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