If you have been accused of Reckless Driving or other Criminal Traffic charge in Orange, Osceola, Seminole, Brevard or Volusia County, then you should give me a call.
Reckless Driving analysis focuses on the actions of Driver as well as surrounding circumstance. Reckless driving is more than ordinary negligence that may equate to Careless Driving. There is an intent element to Reckless Driving.
Reckless driving (RD) is defined as any person who drives in a willful or wanton disregard for the safety or persons or property. “Willful” means intentional. “Wanton” driving with an intentional indifference and with knowledge that damage was likely.
Careless driving is basically saying that a person shall drive the streets and highways in a careful and prudent manner. Failure to do so is careless driving.
The relevant Florida Statutes are listed below.
Reckless Driving Florida Statute 316.192
Careless Driving Florida Statute 316.1925
Fact is not everyone charged with Reckless Driving or Careless Driving gets convicted.
Careless driving is a traffic infraction (Ticket and a fine) whereas Reckless Driving is charged as crime.
The penalty range for Reckless Driving will vary depending on prior conviction or injury to person/property.
Reckless Driving – up to 90 days jail and a fine from $25 up to $500.
Reckless Driving with a prior conviction – up to 6 months in Jail and a fine of not less than $50, not more than $1000
Reckless Driving with property damage – up to 12 months jail, up to 12 months Supervised Probation, up to $1000. The Court may also order restitution depending on the facts of the case.
Reckless Driving with Serious Bodily Injury is a 3rd degree felony. The Penalty range is up to 5 years prison, up to 5 years probation, up to a $5000 fine.
In addition to the above if there is evidence to show that alcohol or other substance contributed to the commission of the offense the Court may order DUI School and any further recommended treatment.
Adjudication of Reckless Driving counts as 4 points on your Drivers License and may adversely affect car insurance rates.
You should discuss the facts of your case with an experienced criminal traffic Attorney. I have over 20 years experience with Criminal Traffic cases.
