How Does Florida Define Reckless Driving?

The term “reckless driving” is commonly used and often poorly defined, but it is a serious offense in Florida with potentially severe penalties. Drivers should understand the legal definition of reckless driving, the associated consequences, and any possible defenses for such a charge to ensure safe roadways for all.

We will give a straightforward overview of how the state of Florida defines reckless driving, an explanation of possible penalties and defenses associated with a reckless driving charge, and an understanding of how a legal professional can help you or someone you love handle a reckless driving charge.

Florida’s Reckless Driving Statute

Florida Statutes § 316.192 describes reckless driving as someone using a vehicle with no concern for other people’s safety or property. In simple words, this means that the person chose to ignore any danger they could cause.

It is important to understand that reckless driving should not be confused with careless driving because, while both can threaten safety of others on the road, careless drivers usually make errors without intending harm, like forgetting to use turn signals correctly. When it comes to reckless drivers, they actually know how dangerous their actions can be but go ahead anyway, which is where intention becomes key. Reckless drivers do things like excessively speeding, changing lanes unexpectedly, driving dangerously close to other cars, and even completely ignoring traffic signals.

Potential Penalties for Reckless Driving

As Florida’s statute is intended for the safety of all drivers, the state does not take reckless driving lightly. A first-time offense may result in a fine up to $500 or even up to 90 days in jail. For subsequent offenses, fines may increase to $1,000 and jail time may extend to six months.

For repeat or habitual offenders, reckless driving can result in license suspension, driving courses, and even increased auto insurance premiums. Additionally, reckless driving which causes serious bodily injury can be escalated to a felony offense, which may lead to imprisonment for up to five years. Due to the substantial penalties at stake in a reckless driving case, it is best to consult a seasoned criminal attorney to help determine what defenses are available to the driver.

Possible Defenses for Reckless Driving

As outlined in the previous section, reckless driving can be a serious charge that carries severe penalties. However, there are several defenses that an accused driver may be able to raise. The first and most common is lack of intent. Reckless driving requires a willful disregard for safety, so if the driver can show that he or she was unaware of the present risk, the severity of the charge may be reduced.

Another common defense to reckless driving is emergency or necessity, meaning that the driver’s actions were the result of avoiding a greater risk or harm. An example of this would be a driver swerving into another lane, thus violating a traffic law, to avoid a pedestrian or biker in the road. The driver in this scenario likely knew of the risk associated with quickly switching lanes, but accepted the risk to avoid hitting the pedestrian or biker.

Call an Attorney if You Took Actions That Meet Florida’s Definition of Reckless Driving

It is important for all drivers to understand the definition of reckless driving and the potential consequences that such a charge can carry. As outlined in this article, reckless driving is all about knowing the risks that surround you as a driver, and taking care to avoid injury in the presence of such risks. A deeper understanding and appreciation for Florida’s traffic laws can equip all drivers with the tools necessary to keep the roads safer for everyone.

If you or someone you love is faced with a reckless driving charge, seeking advice from a legal professional can provide clarity into state traffic laws and ensure that you are making an informed choice. Call us now to discuss your future.