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Florida Reckless Driving is defined as the driving of a vehicle with willful or wanton disregard for the safety of people or property.

Penalties for a Reckless Driving Charge

In Florida, Reckless Driving is classified as a first degree misdemeanor if during the course of the crime you cause damage to the property or person of another.

A first degree misdemeanor is punishable by up to:
  1. One year in the county jail;
  2. One year of supervised probation;
  3. A $1,000 fine.
If you cause serious bodily injury to a person during the commission of the crime, the Reckless Driving will be classified as a third degree felony in Florida.

A third degree felony is punishable by up to:
  1. Five years in state prison;
  2. Five years of supervised probation;
  3. A $5,000 fine.
The Florida definition of "serious bodily injury" is injuyr to another pesron, 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.

If no damage or injury to another occurs, then Reckless Driving is punishable by up to 90 days in the country jail and/or a fine of at least $25 but not more than $500.

For a second or subsequent conviction, Reckless Driving is punishable by up to six months in the county jail and/or a fine of at least $50 but not more than $1,000.

Florida Reckless Driving - Alcohol Related ("Wet Reckless")

Florida carves out a special provision for Reckless Driving offenses where alcohol or other controlled substances contributed to the crime. If the court has reasonable suspicion to conclude that alcohol or other controlled substances played a role in the crime, the court must order the person to complete a DUI program substance abuse education course and evaluation. Further, you will be required to abide by any recommended treatment should it be recommended during the evaluation.

A Florida Wet Reckless can sometimes be a suitable option for someone charged with DUI in Florida as removes the person from the minimum mandatory sentencing of a DUI as well as the stigma associated with having a DUI on your record.

Defenses to a Reckless Driving Charge

Generally the defenses to a Florida Reckless Driving charge amount to factual disputes between you and the police. Conduct that the police claim is in disregard for the safety of people or property may not arise to the willful and wanton nature required under the statute.

Details matter in Florida Reckless Driving charges and it will be necessary to determine exactly and specifically what conduct the police are alleging amounted to reckless behavior behind the wheel.

Contact Orlando Criminal Defense Attorney Chris Kaigle if you’ve been charged with Reckless Driving in Florida!
(407) 545-6416