If you received a citation for reckless driving in Florida, you should be aware that the charge is a criminal offense punishable with jail time. Once you enter a plea to the charge, you may be creating a criminal record that will last a lifetime. Although it is easy for the prosecutor to charge someone with misdemeanor reckless driving, it is often very difficult for the prosecutor to prove the case beyond all reasonable doubt. Unlike other criminal offenses, reckless driving is focused on a person's state of mind instead of the person's actual behavior. Many are shocked to learn that the police can charge someone with a crime for reckless driving even when no crash occurred.
Parents should be aware of the consequences of this driving citation since they often pay for the vehicle insurance for a teenager or young adult. These charges are most often given to young male drivers between the age of 17 and 24. While these drivers already have the highest auto insurance rates, a conviction for reckless driving may cause a dramatic increase in rates for the next 36 months.
Tallahassee Reckless Driving Attorney
Contact an attorney at the Law Offices of Don Pumphrey, Jr., to discuss the particular facts of your case. Our attorneys represent drivers charged with reckless driving (sometimes misspelled "wreckless" driving) in Tallahassee in Leon County, FL, and the surrounding areas of North Florida including Monticello in Jefferson County, Crawfordville in Wakulla County, Quincy in Gadsden County, and Bristol in Liberty County, Florida.
Reckless Driving Information Center
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Reckless Driving under Florida Law
As provided in Florida Statute Section 316.192, reckless driving is often defined as a driving pattern which involves the "willful and wanton disregard for the safety of persons or property." When the statute refers to the term willful, the courts have interpreted that term to mean "intentionally, knowingly and purposefully." Miller v. State, 636 So.2d 144 (Fla. 1st DCA 1994).
When the statute refers to the term "wanton," the courts have interpreted that term to mean a conscious and intentional indifference to the consequences and the knowledge that damages is likely to be done to person or property. W.E.B. v. State, 553 So.2d 323, 326 (Fla. 1st DCA 1989). Because the statute focuses on what the driver is thinking (regarding and disregarding), prosecutors often have a difficult time proving the offense at trial. Even before trial, your attorney may be able to find a motion to dismiss which alleges that the uncontested evidence does not support the crime charged.
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More Serious Than Careless Driving
The criminal charge of reckless driving contemplates a driving pattern that establishes an intentional disregard for the safety of person or property. On the other hand, careless driving involves a mere failure to operate the vehicle in a careful and prudent manner without any showing of the driver's state of mind.
Florida Statute Section 316.192 provides that any driver in Florida shall drive in a careful and prudent manner, having regard for the curves, grade, corners, width, traffic and all other attendant circumstances, so as not to endanger the property, life or limb of another person. The failure to drive in a careful and prudent manner shall constitute careless driving.
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Insufficient Evidence to Prove Offense
Often a law enforcement officer will charge the driver with reckless driving even though the officer should have just issued the driver a civil traffic infraction for speeding, failing to maintain a lane, or running a red light. The courts have looked at various fact patterns and found the evidence to be insufficient to support the charges, including findings that:
- Speeding is not enough to charge the driver with this offense, even when the speed is excessive; and
- Running a stop sign with a blinking light did not constitute wanton and willful disregard for the safety of others.
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Reckless Driving with Property Damage
In many of these cases, the officer will cite the at-fault driver for reckless after a traffic crash. When it is alleged that there was damage to other property, then the crime becomes a first degree misdemeanor. If the court has reasonable cause to believe that drugs or alcohol contributed to the violation, the court SHALL order the driver to complete DUI school. If the use of alcohol was a significant factor then the court can order probation for up to one year, otherwise the court should impose 6 months probation (if the offense is not charges as involving damage to property or person under Section 948.15).
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Citation Penalties
First Offense of Reckless Driving - requires a fine of $25 - $500, up to 90 days in jail, or up to 6 months probation. With the reckless driving caused property damage then the offense requires a fine of $25 - $1,000, up to 12 months on probation or in jail.
Second Offense of Reckless Driving - requires a fine of $50 - $1,000, up to 6 months in jail or up to 6 months probation. With the reckless driving caused property damage then the offense requires a fine of $50 - $1,000, up to 12 months on probation or in jail.
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Felony Reckless Driving Under Florida Law
If this crime causes another person to be seriously injured, then the crime can be charged as a third degree felony, punishable by five (5) years in Florida State Prison. In order for the offense to be charged as a felony, another person must have "serious bodily injury," which is defined as personal injury to another person which constitutes a physical condition that created a substantial risk of serious personal disfigurement, protracted impairment or lose of the function of any bodily member (limb) or organ.
Of course, the victim of the accident will often obtain a person injury attorney to sue the driver to collect money damages for those injuries. If you are involved in an car accident involving another person's serious injury, contact an attorney after the accident and avoid making any statements during the criminal investigation. You should also not speak to anyone from an insurance company until AFTER you have obtained an attorney.
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Reckless Driving Resources
Florida Reckless Driving Statute 316.192 - Read the statutory language of Florida's reckless driving statute.
Reckless Driving on Wikipedia - Read more about reckless driving statistics, stories, and consequences throughout the United States.
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The Law Offices of Don Pumphrey, Jr. | Reckless Driving Citation Lawyer in Tallahassee
If you have been arrested or cited for reckless driving, then contact an experienced Tallahassee traffic attorney with the Law Offices of Don Pumphrey, Jr. We provide free consultations to discuss the best way to fight the charge of reckless driving in Tallahassee, Leon County, Crawfordville in Wakulla County, Bristol in Liberty County, Monticello in Jefferson County, and Quincy in Gadsden County, Florida.