Reckless Driving Lawyer in Fort Lauderdale

Criminal Lawyer Focused on Winning Your Case

Being accused of reckless driving is no laughing matter. In Florida, this offense can result in severe penalties, including a possible jail sentence. If you were charged with reckless driving, it is vital to take the necessary steps to protect your rights and your future by working with an experienced criminal defense attorney who can help you fight the charges against you.

At George Reres Law, P.A., we have represented many clients accused of reckless driving and know what it takes to get results. We will thoroughly investigate your case, look for any evidence that may be used in your favor, and work tirelessly to get the best possible outcome for your situation. Contact George Reres Law, P.A. today at 954-543-1186 for a free initial consultation.

Reckless Driving Can Derail Your Future

Many people mistakenly believe that reckless driving is merely a traffic ticket. In Florida, however, reckless driving is a criminal offense that appears on your record if you are convicted. If you accumulate too many points against your driving record, or if a judge decides that the nature of your reckless driving was egregious, you might face license suspension. Beyond legal penalties, you also have to consider the possibility of losing your job if it requires driving and living with the impact of a criminal record into future career or educational pursuits.

Insurance companies often interpret a reckless driving conviction as a strong indicator of high-risk behavior. As a result, your insurance premium can surge to unaffordable levels. In some cases, insurers may drop you entirely, forcing you to search for alternatives that come with exorbitant rates. Meanwhile, repeat convictions place you at greater risk for a felony classification, depending on whether you cause injury or property damage.

Given these serious repercussions, handling reckless driving charges with caution is imperative. Avoid simply paying for the ticket or ignoring the summons. Instead, consult an attorney with extensive experience in Florida traffic and criminal law. Early legal counsel might lead to reduced charges, alternative sentencing options, or the outright dismissal of your case, depending on the circumstances.

Legal Definition of Reckless Driving

Florida law, specifically Florida Statute 316.192, defines reckless driving as operating a vehicle with a willful or wanton disregard for the safety of persons or property. Prosecutors must show that the accused driver’s actions were more than just careless; they must be voluntary. They must understand that such behavior poses a substantial risk. For instance, driving 15 mph over the speed limit might be cited as careless or negligent, but speeding at 40 mph over the limit through populated areas can form the basis of a reckless driving charge.

Often, prosecutors try to demonstrate the accused driver’s mental state through evidence of repeated warnings, near collisions, or high speeds in heavily trafficked zones. Because intent or mental state can be difficult to prove directly, courts and law enforcement rely on circumstantial evidence such as witness statements, dashcam or bodycam footage, and the responding officer’s professional judgment.

What is Reckless Driving in Fort Lauderdale?

In the state of Florida, reckless driving is defined as “driving in a willful or wanton disregard for the safety of persons or property.” In other words, it is driving in a way that shows a complete disregard for the safety of others. Some examples of actions that could be considered reckless driving include:

Excessive speeding
Weaving in and out of traffic
Running red lights or stop signs
Failing to yield the right-of-way
Passing on a double yellow line or in a no-passing zone

If you have been accused of any of these offenses or any other type of reckless driving, it is important that you seek legal assistance as soon as possible. Our law firm can develop a strong defense to ensure you don’t face unnecessary penalties.

What are Defenses to Reckless Driving Charges?

There are a number of defenses that can be used in reckless driving cases. Some of the most common include:

You were unaware of the danger – In some cases, people are accused of reckless driving when they are unaware of the danger their actions pose to others. For example, if you did not see a stop sign because a tree obscured it, you cannot be convicted of reckless driving.
You were forced to drive recklessly – In some cases, people are forced to drive in a less safe manner to avoid a more serious accident or injury. For example, if someone cuts you off and you swerve to avoid hitting them, it is not fair to be facing charges of reckless driving.
The evidence against you is weak – If the prosecution does not have enough evidence to prove that you were driving recklessly, they will not be able to obtain a conviction. Our law firm can thoroughly investigate your case and look for any evidence that may be used in your defense.

Aggravating Factors That Increase Penalties

Reckless driving charges become more complex when certain aggravating circumstances exist. While a typical first conviction might result in fines and possible jail time, the presence of any of the following can escalate the severity of charges and sentencing:

Prior convictions: Repeat offenders often face stiffer penalties. If you have a history of traffic violations or a record of reckless driving, a judge may impose longer jail sentences, increased fines, or extended probation.
Causing injury or death: If reckless driving results in bodily harm or fatalities, prosecutors may elevate the charges to a felony. The driver could face multiple years in prison, significant fines, and civil litigation from victims or their families.
Driving under the influence: Individuals who are both impaired and exhibit reckless behavior while operating a vehicle may face dual charges—DUI and reckless driving. Courts view the combination particularly harshly, with mandatory sentences and possible license revocations.
Presence of minors in the vehicle: Endangering children can be another aggravating factor. Prosecutors may argue that the driver’s willful disregard was especially egregious because minors in the vehicle could not protect themselves.

How a Reckless Driving Case Proceeds Through Court

The legal process for a reckless driving charge in Florida typically begins with a citation or an arrest, depending on the circumstances. Once you receive notice to appear in court, you will attend an arraignment, where the formal charges against you are read and you enter a plea. At this stage, the prosecution and defense begin the process of exchanging evidence and filing pretrial motions. For instance, the prosecution may disclose any dashcam footage or witness statements intended to demonstrate a willful disregard for safety. Meanwhile, the defense can request records related to the traffic stop and the officer’s observations at the scene.

As the case progresses, both sides often negotiate, where the prosecution might extend a plea offer in exchange for certain conditions. If no agreement is reached, the case may proceed to trial. During the trial, the prosecution presents its evidence first, calling law enforcement officers and eyewitnesses to testify. The defense then has the opportunity to cross-examine these witnesses and present its evidence. After closing arguments, a judge or jury assesses whether the prosecution has met the burden of proving guilt beyond a reasonable doubt. A verdict is rendered, followed by potential sentencing or further proceedings if the defendant is found guilty.

Reckless Driving Frequently Asked Questions

Is reckless driving a misdemeanor or felony?

Reckless driving in Florida is usually charged as a misdemeanor, but it can become a felony if the incident causes serious bodily injury or death. Repeated offenses and aggravating circumstances—such as driving under the influence—can also elevate the charge.

How does it affect my insurance?

After a reckless driving conviction, expect your insurance premium to rise significantly. Insurance companies consider reckless driving high risk behavior. Many insurance providers deny a policy renewal or cancel existing insurance coverage. Shopping around for new coverage usually means much higher cost.

Can I drive during the case?

Unless your license is suspended or revoked as part of bail conditions or administrative actions, you generally maintain driving privileges while the case is pending. However, following any court-imposed restrictions (such as limited driving hours) is crucial to avoiding additional violations.

Is traffic school an option?

Sometimes, a judge may allow offenders to complete traffic school in exchange for reduced penalties or point reductions on a driving record. Eligibility depends on the severity of the incident, your prior record, and whether injuries occurred.

Will this affect my job?

A reckless driving conviction can jeopardize jobs that require a clean driving record, such as commercial trucking or delivery. Even employers who don’t require driving may view a criminal conviction as a red flag. It’s vital to seek legal advice early to minimize the repercussions.

What are the Criminal Penalties for Reckless Driving?

In Florida, reckless driving is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500. However, if your actions while driving resulted in property damage or injuries to another person, you could be facing much more serious charges, including a felony offense.

If you are convicted of reckless driving, you will also have points added to your driver’s license. If you accumulate too many points, your license could be suspended. In addition, your insurance rates will most likely increase if you are convicted of this offense.

Contact George Reres Law, P.A. Today For Strong and Compassionate Service

If you or a loved one has been arrested for reckless driving, it is important that you seek legal assistance as soon as possible. At George Reres Law, P.A., our goal is to protect your rights and obtain the best possible outcome in your case. We will work tirelessly to get the charges against you reduced or even dismissed entirely. Contact us today at 954-543-1186 to get the criminal defense attorney you need for your case.