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The crime of Reckless Driving in Florida means driving a motor vehicle with "willful or wanton disregard for the safety of persons or property."
Unlike most hit and run situations, reckless driving violations do not always include property damage or personal injury. A person may be charged with reckless driving as a result of being caught speeding or disobeying traffic signs. Fleeing from law enforcement is considered per se reckless driving. In these situations, a driver may face a criminal charge and having an experienced criminal defense attorney on their side can help.
John Terrezza has devoted his entire legal career to criminal defense and has defended clients against criminal reckless driving charges in Pensacola in Escambia County and Milton in Santa Rosa County, Florida. Terrezza is also admitted to the United States District Court for the Northern District of Florida and represents individuals accused of all types of crimes in federal court.
If you find yourself charged with the criminal offense of Reckless Driving, call a lawyer who will fight to get you the best outcome. John Terrezza’s office is conveniently located on Garden St. in Downtown Pensacola.
Call (850) 764-5291 to schedule an appointment, or go online for a free evaluation of your case.
The State might allege reckless driving even if there was no actual accident. Florida Statute §316.192 provides that Reckless Driving occurs when a person drives their vehicle with reckless disregard for the safety of others and the surrounding property.
When the conviction is a first offense, the penalty for reckless driving is up to ninety (90) days in jail and up to a $500 fine.
Upon a second conviction, the sentence is up to six (6) months in jail and up to $1,000 fines.
Your driving record may also be affected by a reckless driving conviction. Pleading guilty and paying the penalty for reckless driving puts four (4) points on your Florida driving record.
The consequences of reckless driving become a lot more severe when a defendant’s reckless driving causes harm to another person or property.
When reckless driving causes damage to property the charge is a first-degree misdemeanor carrying a penalty of up to one year in jail and a fine of up to $1,000.
If a driver causes serious bodily injury while driving recklessly they have committed a third-degree felony and face up to five (5) years in prison and a fine of up to $5,000.
Moreover, a reckless driving conviction along with alcohol consumption creates a different set of potential issues. If the court has reason to believe that alcohol or drug use was involved, the court will require a defendant to complete a DUI substance abuse education course and evaluation. A different name for this violation is “Wet Reckless.”
“Wet Reckless” is a second-degree misdemeanor, and is punishable by up to sixty (60) days in jail or a $500 fine.
Civil Liability for Reckless Driving - If a defendant has been convicted of reckless driving and causes damage to another’s property, the defendant may be subject to civil liability for that damage.
Furthermore, while people often confuse reckless driving, with careless driving, there is a significant difference between the two. Reckless driving under Florida Statute §316.192 is a criminal offense. Careless driving, on the other hand, is the civil infraction.
Florida Statute §316.1925 explains that any person driving on the highways or streets of the State of Florida shall drive in a reasonably prudent manner, with regard to the nature of the streets, traffic, etc…, so that the driver does not cause injury to others or property damage. Careless driving is considered a moving violation.
The Florida Motor Vehicle, Chapter 318, outlines the violations for careless driving. Penalties for non-criminal careless driving violations are monetary fines.
Additional Resources
Florida Statute §316.192 –Visit Online Sunshine, the official site of the Florida Legislature for the full statutory language of reckless driving. The website includes the elements and penalties associated with reckless driving.
“Can I Plead to ‘Wet Reckless’ in Florida” – Visit DrivingLaws.org for more information on the definition of “wet reckless driving” and for information on what the charges are in Florida.
Traffic Points Violations – Visit DMV Florida.org for more information on the points that different kinds of moving violations add to your Florida driver’s license. Florida DMV.org is a private organization designed to provide Florida residents with more information about traffic laws.
Being charged with reckless driving or any other criminal traffic offenses could have substantial consequences on your ability to drive on Florida highways. Contact Attorney John Terrezza, an experienced criminal defense lawyer, to aid you in your fight against a reckless driving violation in Florida.
The firm is conveniently located in on Garden St. in Downtown Pensacola.
Call (850) 764-5291 to discuss the case with John Terrezza. During the consultation, you can learn more about the elements of the reckless driving, the potential penalties, and the best defenses available for fighting the criminal prosecution.
