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What You Need to Know About Being Charged With Reckless Driving in Florida
Every driver agrees to abide by the rules of the road and ensure that they operate their vehicle safely when they get behind the wheel. However, it’s all too easy to end up speeding, rapidly changing lanes or making other questionable maneuvers when you’re distracted or in a hurry. Unfortunately, one mistake can result in fines, legal issues, and even the loss of your license if you’re charged with reckless driving. Find out what you need to know about reckless driving and what to do if you’re accused of this criminal offense.
How Does Florida Define Reckless Driving?
Florida Statute 316.192 defines reckless driving as driving “any vehicle in willful or wanton disregard for the safety of persons or property.” This also includes attempting to flee a law enforcement officer while driving. It’s a common misconception that reckless and careless driving are the same. However, reckless driving is a criminal offense in Florida, while careless driving is only a traffic offense. Careless driving is a moving violation that generally only includes points on your license and a fine. Reckless driving, however, can result in criminal penalties, including the possibility of jail time.
This difference is also essential when it comes to the prosecution proving its case. Because reckless driving involves willful, intentional action, the prosecution must demonstrate that the driver understood the risks and did it anyway. The level of risk and intention in the action often determines whether someone is cited for careless driving or charged with reckless driving.
What Are Some Examples of Reckless Driving?
Reckless driving can include any actions while driving a vehicle that present a risk to other people or property. Common scenarios that may result in a reckless driving charge include:
- Failing to stop at stop signs or red lights
- Rapidly changing lanes when there isn’t enough clear distance ahead to do so safely
- Excessive speeding
- Failing to yield, such as pulling out in front of someone or trying to beat another driver through a traffic light
- Passing in a no-passing zone
- Tailgating
While it’s hard to find someone who hasn’t gone over the speed limit or followed another driver too closely at least once in their life, these seemingly minor driving behaviors can have serious legal consequences. If you’ve been charged with reckless driving, it’s imperative not to brush it off or think you’re only going to get a ticket. Talking with a defense attorney can help you better understand the charges and your options for fighting them.
Is Reckless Driving a Misdemeanor or Felony?
Reckless driving can be charged at either the misdemeanor or the felony level, depending on whether an injury or damage to property occurs and how severe it is. In most cases, reckless driving is a first-degree misdemeanor. However, if the reckless driving actions resulted in an accident in which someone suffered serious bodily injury, the charge can be enhanced to a third-degree felony.
Florida law defines serious bodily injury as an injury that results in “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.” For example, someone suffering burns or an amputated limb would be considered serious bodily injury, while a sprained wrist probably would not.
What Can Happen If You Are Convicted of Reckless Driving?
The penalties for reckless driving can include fines, jail time, required substance abuse programs, and points on your license. If you are convicted of a misdemeanor, you could face up to one year in jail and a fine of up to $1,000. If you’re facing enhanced charges of a third-degree felony, you could face up to five years in prison and a fine of up to $5,000. If you already have points on your license from previous infractions, getting a reckless driving conviction could also result in having your license suspended.
In some cases, it’s also possible to be charged with reckless driving in addition to other offenses, such as driving under the influence. This could mean you’re facing even more severe penalties and underscores the importance of having an attorney.
What Can You Do to Reduce the Potential Penalties?
When you’ve been accused of reckless driving, hiring an attorney gives you the legal representation you need to fight back. An attorney can use various defense strategies to undermine the prosecution’s case and help you avoid or reduce the penalties. For example, an attorney may argue that you didn’t know that the behavior was risky or that you were driving defensively to avoid an accident.
Even if a complete dismissal of the charges isn’t an option, an attorney may be able to get the charge reduced to something like careless driving or another traffic infraction that carries far less severe penalties. An attorney may also be able to help you get probation or a diversion program instead of jail time. For example, you may be able to complete a driver education program and community service instead, especially if it’s your first offense and your record is otherwise clean.
If you’ve been charged with reckless driving in Fort Lauderdale or the surrounding area, the actions you take in the days after can make a significant difference in the outcome of your case. The criminal defense attorneys at George Reres Law, PA, are here to help. Call 954-543-1186 today to schedule a free strategy session to find out what we can do to help you avoid the penalties associated with reckless driving.
