Arrests for a Florida Reckless Driving charge usually are misdemeanors that can be described as driving a vehicle in a willful or wanton disregard for the safety of persons or property. Examples of reckless driving include driving at very high speed, following a vehicle too closely, erratic lane changes, and failure to obey traffic signals. Often times, individuals get a charge of reckless driving after a crash accident investigation is complete. Florida's Reckless Driving statute is also a charge that many prosecutors amend to in DUI cases when the DUI case is weak or cannot be proven. A Florida Reckless Driving Charge can be prosecuted as a felony if there is serious bodily injury that results from the Reckless Driving.

Although a Reckless Driving charge can result in points on your license, it does not have the negative ramifications of a DUI. Reckless Driving is also a conviction prerequisite for calculation by the Department of Highway and Motor Vehicles in determining Habitual Traffic Offender status. Experienced criminal defense attorneys can discredit any observations by the witnesses or officer. While the statute may appear simple to apply, many persons are convicted of reckless driving are improperly convicted. A court must find that the driver had a criminal intent in their actions in their driving.

Listed below is Florida's Reckless Driving Statute. At Arnold Law Firm, LLC, we practice not just the science of lawyering but the art of being a lawyer. We don't just tell, but make the prosecutor, judge or jury feel and experience the client's story. Contact our experienced criminal defense attorneys for a 30 minute free consultation today at 904-731-3800.

FLORIDA'S RECKLESS DRIVING LAWS

316.192 Reckless driving.

(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.

(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:

(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.

(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

(c) Who, by reason of such operation, causes:

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.

(5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the person's driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 23, ch. 85-167; s. 1, ch. 85-337; s. 1, ch. 88-5; s. 17, ch. 91-255; s. 31, ch. 92-78; s. 10, ch. 94-306; s. 4, ch. 99-234; s. 9, ch. 2001-122; s. 1, ch. 2001-147; s. 9, ch. 2006-290.

Updated as of September 1, 2009 from http://www.flsenate.gov/.