What Counts as Reckless Driving in Florida and How Is It Defended?

Reckless driving is a serious offense in Florida. If you are found guilty by a jury of your peers, you could face life-altering consequences. The good news is that you have the right to fight these charges with a dedicated defense attorney by your side. Building a winning defense starts with having a clear picture of what qualifies as reckless driving under Florida law.

What Is Reckless Driving Under Florida Law?

Under Florida Statutes § 316.192, reckless driving is defined as operating a vehicle with willful or wanton disregard for the safety of people or property. For an act to be willful or wanton, the behavior must go beyond simple negligence. Some common examples of reckless driving include street racing, excessive speeding combined with weaving through traffic, or aggressive tailgating. Whether or not your actions were reckless is a subjective standard, making it vital to have an attorney to fight for you if your case goes to trial.

Reckless Driving Penalties

Reckless driving is classified as a misdemeanor. However, the penalties vary based on whether it’s a first offense, as well as the extent of the damage or injuries that occur in the crash.

• First offense: Up to 90 days in jail, a fine up to $500, and points on your driving record
• Second or subsequent offenses: Up to 6 months in jail and higher fines

These maximum penalties increase if an act of reckless driving leads to serious property damage or bodily injury. There is also the potential for collateral consequences, like losing your job or professional license.

Defenses to Reckless Driving Charges

Being charged with reckless driving does not mean you are automatically guilty. Several of the defense strategies our firm relies on include:

Lack of Intent

Prosecutors must prove that you acted with “willful or wanton” disregard. If your conduct was merely negligent or momentary, it may not meet this legal threshold. You could still face other, lesser charges if the intent for reckless driving is not present.

Insufficient Evidence

Ultimately, the prosecution must prove your guilt beyond a reasonable doubt. This can be difficult in reckless driving cases, especially when the arresting officer does not have video of you driving. You might be able to avoid a conviction by focusing on the weakness of the case against you.

Violation of Rights

If police failed to follow proper procedures, like conducting an unlawful stop or failing to read you your rights after an arrest, your attorney may file motions to suppress key evidence.

The Importance of Legal Representation

Reckless driving charges can have lasting consequences, but a skilled criminal defense attorney from our firm can work to secure you the best possible outcome. Reach out to DiFilippo & Pica, PLLC, today for a confidential consultation.