Careless vs. Reckless Driving in Florida: What’s the Difference?

November 15, 2025
Difilippo & Pica

When a driver fails to fulfill this duty to operate their vehicle safely, accidents can happen. On top of an accident, however, there are traffic citations and the possibility of criminal charges, which may occur. 

Two types of traffic offenses, careless driving and reckless driving, can result when the duty to operate a vehicle safely is violated. These offenses are the same, however. The key differences between careless and reckless driving are detailed in this blog post from experienced Fort Myers criminal defense attorneys, Difilippo & Pica, PLLC. 

Careless Driving is Considered a Crime in Florida

Rear-end collisions and failure to yield accidents often result in a citation for careless driving. Distracted driving is a law unto itself in Florida, but officers at the scene of an accident may also cite a distracted driver as operating their vehicle carelessly, as well. 

Careless driving carries significant penalties as far as fines are concerned. Additionally, a driver cited for careless driving can have their license suspended as a result of having points added to their driver’s license. 

Bear in mind that in many situations, a law enforcement officer may ticket a driver who caused an accident for careless driving if only because no other offense fits the circumstances of their accident. 

Aggressive Careless Driving is an Enhanced Offense

Careless driving may be bumped up a level to aggressive careless driving if you commit two or more additional acts during the act of driving carelessly: 

  • Tailgating 
  • Improper passing of a vehicle
  • Speeding
  • Unsafe lane changes
  • The failure to obey traffic signs or signals 

What is Reckless Driving in Florida?

While careless driving is a moving violation, reckless driving is a criminal offense. The key to a reckless driving case is that a prosecutor would need to prove that a driver was operating their vehicle with disregard for the safety of persons or property. 

The careless driving examples listed above can be chalked up to not paying close attention to how a driver is operating their vehicle. On the other hand, the following examples of reckless driving display a driver being intentional about performing a specific action:

  • Racing 
  • Speeding and going in and out of traffic
  • Driving more than 20 miles per hour above the posted speed limit
  • Attempting to avoid being pulled over by law enforcement

Penalties for a first-time reckless driving offense include jail time of up to 90 days and/or a fine of up to $500. Additional offenses double the jail time (up to six months) and the fine allowable (up to $1000). 

DiFilippo & Pica, PLLC, advocates for people accused of a crime

A law firm whose focus is on its clients is how Difilippo & Pica, PLLC, defines itself. Our team of experienced criminal defense attorneys puts in the work to be the most prepared representatives in Fort Myers and will help you understand your options and potential outcomes. A free of charge consultation is available for anyone with a question regarding a potential criminal defense-related issue.

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