While any traffic ticket has the potential for penalties, reckless driving can be a grave allegation. In addition to potential criminal or quasi-criminal consequences, a reckless driving allegation might be linked to an underlying accident. In those instances, a conviction for reckless driving could open you up to exposure in a civil case, as well. You need a local criminal lawyer to help you with this charge.
One of the problems with a reckless driving charge is that the description is subjective. You may be driving in a way that is responsive to the surrounding traffic, and a police officer could believe that it is reckless. Proving that you were not driving recklessly can be a challenge. However, the burden of proof is on the prosecution, and an Avalon Park reckless driving lawyer can help you ensure that the burden stays on the appropriate party.
Florida Statutes § 316.192 addresses reckless driving. Under that law, anyone who drives in a way that is willfully or wantonly disregarding the safety of others is driving recklessly. Plus, any person who is fleeing a law enforcement officer in a motor vehicle is driving recklessly.
The punishment for reckless driving can go way beyond a traffic ticket. For a first conviction, a person can be imprisoned for up to 90 days and receive a fine of up to $500. A second conviction—or later convictions—can lead to imprisonment for up to six months and a fine of up to $1,000. For this reason, you need to consult with a reckless driving lawyer from our Avalon Park office.
When reckless driving leads to property damage, then it becomes a first-degree misdemeanor. It is also a first-degree misdemeanor if reckless driving leads to an injury to a person. If the injury to the person is serious bodily injury, then it is a third-degree felony. The law describes a serious bodily injury as an injury to another person consisting of a physical condition that creates a substantial risk of death, disfigurement, or loss or impairment of part of the body.
While many behaviors can fall under the umbrella of recklessness, one of the most dangerous behaviors is distracted driving. In an ideal world, anyone driving a vehicle would focus solely on that task. However, drivers routinely engage in other activities: eating, drinking, changing radio stations, or having conversations with passengers. Those activities are dangerous distractions that can lead to accidents.
One of the most dangerous of all distracted driving behaviors involves the use of mobile communication devices. Texting, reading, playing on the internet, writing email messages, and even watching videos are more common than many people realize. Those behaviors lead to three types of driver distraction—visual, cognitive, and manual—significantly increasing the risk of an accident. While distracted driving is a stand-alone offense, it can also support charges of reckless driving in Avalon Park.
Another driving behavior that can contribute to reckless driving charges is drag racing. If a driver is actually racing, then they are aware of their behavior. However, from an outside perspective, other behaviors can appear like drag racing. Starting a vehicle too quickly, passing other vehicles, and even tire squealing can make a driver seem like they are racing.
Racing is a first-degree misdemeanor, and penalties include a year’s suspension of their driver’s license, fines, up to 12 months in jail, and impounding the vehicle. Repeated offenses within five years can lead to a two-year license suspension and seizure of the vehicle under contraband forfeiture statutes. A reckless driving lawyer can explain the relationship between these charges for a person in Avalon Park.
Getting charged with a crime can be an overwhelming experience. In addition to criminal consequences, including fines and potential jail time, you could be looking at points on your driver’s license, increased insurance rates, and potential civil liability. Instead of trying to figure it out on your own, get the help of an Avalon Park reckless driving lawyer. The Umansky Law Firm can help you understand the charges and provide a strong defense – call us today.
The Umansky Law Firm Criminal Defense & Injury Attorneys
