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Florida Statute 316.192: Reckless Driving

Summary

Reckless driving in the state of Florida constitutes driving a vehicle with willful disregard for the safety of persons or property. A person can be charged with reckless driving even if there is no accident.

Elements

The state must prove beyond a reasonable doubt that:

  1. The defendant drove the vehicle in Florida; and
  2. He did so with a willful or wanton disregard for the safety of persons or property.

Example

While texting and driving, Alex drifts out of his lane and immediately swerves back in. The police officer two cars behind Alex witnesses this, and pulls Alex over, charging him with reckless driving.

Maximum Penalty

  • No damage (1st offense): Up to 90 days in jail and a $500 fine.
  • No damage (2nd offense): Up to 6 months in jail and a $1000 fine.
  • Property Damage (1st degree misdemeanor): Up to 1 year in jail and a $1000 fine.
  • Injured party (3rd degree felony): Up to 5 years in prison and a $5000 fine.
  • Drugs/Alcohol involved: Defendant required to take a DUI or substance abuse course.
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10.0Tim Michael Flaherty

Call (850) 243-6097 for your free consultation.