Reckless driving in Florida is more than just going a little too fast. It’s a serious offense defined as driving with “willful or wanton disregard” for the safety of people or property. That means the state has to prove you knew your actions could cause harm and did them anyway.
The consequences of a reckless driving conviction in Florida can be severe. You could face hefty fines, time in jail, suspension of your driver’s license, and a criminal record that can follow you for years.
It’s important to understand the difference between reckless driving and careless driving. Careless driving involves negligence, like accidentally drifting into another lane. Reckless driving, on the other hand, requires that higher level of culpability – that willful or wanton behavior.
This article provides a comprehensive overview of Florida reckless driving laws, the penalties you could face, and the possible defenses you might have if you’re charged with this crime.
What is reckless driving in Florida?
Florida Statute 316.192 is the Sunshine State’s law that defines reckless driving. To be convicted of reckless driving in Florida, the prosecution needs to show that you drove “in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property.”
So, what does that mean?
- Willful means you acted intentionally, knowingly, and purposefully.
- Wanton means you knew your actions could cause harm but disregarded the consequences anyway.
It’s important to know that just being negligent or careless isn’t enough for a reckless driving conviction. The prosecutor has to convince a judge or jury that you acted with a “willful or wanton” state of mind, meaning you intentionally or consciously disregarded the safety of others.
Penalties for Reckless Driving in Florida
Reckless driving in Florida can lead to serious consequences. Here’s a breakdown of the penalties you could face:
First Offense
If it’s your first time being convicted of reckless driving, you could be looking at:
- A fine of up to $500
- Up to 90 days in jail
- 4 points added to your driver’s license
Subsequent Offenses
If you’ve already been convicted of reckless driving, the penalties increase:
- A fine of up to $1,000
- Up to 6 months in jail
Reckless Driving with Property Damage or Injury
If your reckless driving causes damage to property or results in someone getting hurt, the penalties are even harsher:
- A fine of up to $1,000
- Up to 1 year in jail or 12 months of probation
Reckless Driving with Serious Bodily Injury
If your reckless driving causes serious bodily injury to another person, you could face felony charges and much more severe penalties:
- A fine of up to $5,000
- Up to 5 years in prison
Other Potential Consequences
Beyond the fines and potential jail time, a reckless driving conviction can also lead to:
- Increased insurance premiums
- A criminal record
Common scenarios and examples of reckless driving
It’s important to understand that simply speeding, even excessively, isn’t always enough to get you convicted of reckless driving in Florida. But grossly excessive speed can be considered reckless.
For example, driving 60 mph in a 30 mph zone or 120 mph in a 55 mph zone might be considered reckless driving.
Speed combined with other dangerous actions can also lead to a reckless driving charge. Some examples of that might be driving in the middle of the road, passing other vehicles improperly, ignoring traffic control devices like stop signs and traffic signals, or driving under the influence of alcohol or drugs.
Also, in Florida, running from a law enforcement officer in a vehicle is considered reckless driving. If you’re signaled to stop, you should always pull over as soon as it’s safe to do so.
Defenses to reckless driving charges
If you’ve been charged with reckless driving in Florida, you might be able to mount a successful defense. Some avenues for defending yourself against these charges include:
Challenging the elements of the offense
Even if the state has charged you with reckless driving, they’ll still have to prove it was you behind the wheel at the time of the alleged offense. It’s also possible to show that your actions didn’t rise to the level of willful or wanton conduct. You might also be able to present evidence showing that extenuating circumstances led to the actions you took.
Insufficient evidence
In many cases, speed alone isn’t enough to sustain a reckless driving conviction. You may also be able to cast doubt on the reliability of witnesses, or show that your actions amounted to carelessness or negligence, rather than recklessness.
Case law examples
There have been many cases in Florida where people charged with reckless driving have been acquitted or had the charges reduced. A qualified attorney can help you determine whether the facts in your case might lead to a similar outcome.
Reckless Driving vs. Careless Driving
Florida law distinguishes between reckless and careless driving. Reckless driving requires a “willful or wanton disregard” for the safety of people or property. Careless driving, on the other hand, involves a lower standard of negligence, meaning a driver failed to operate their vehicle in a careful and prudent manner.
Sometimes, a reckless driving charge can be reduced to careless driving. This can be beneficial because it usually means fewer points on your driver’s license and lower fines and penalties.
Careless driving still comes with consequences. In Florida, you’ll get 3 points on your license for a careless driving conviction.
Reckless Driving vs. DUI
In some Florida DUI cases, prosecutors may offer a plea bargain to reckless driving. This is sometimes called a “wet reckless,” meaning that alcohol was involved, but the charge is reduced.
While a “wet reckless” conviction is less severe than a DUI, it’s still a serious offense. It can result in fines, points on your license, and even jail time. You may also be required to complete a DUI program, even with a reckless driving conviction.
However, a “wet reckless” typically carries less severe penalties than a DUI. The suspension of your driver’s license may be shorter, and the fines may be lower. It’s important to weigh the pros and cons carefully before accepting any plea bargain.
Habitual Traffic Offender Status
Florida considers you a habitual traffic offender if you have three convictions for specific offenses, or 15 moving violations, within a five-year period. These offenses include things like DUI, driving with a suspended license, or reckless driving.
If the state designates you a habitual traffic offender, they will suspend your license. Driving with a suspended license could then result in felony charges.
To Conclude
In Florida, reckless driving is a serious charge that can lead to life-altering consequences. If you’re facing reckless driving charges, it’s important to understand your rights and options. Contact an experienced attorney who can help you navigate the legal system and build the strongest possible defense.