What is Reckless Driving?

What is Reckless Driving? 

Reckless driving means driving a vehicle in Florida with a willful or wanton disregard for the safety of persons or property, or the person while driving, fled from law enforcement. 

Willful means intentionally, knowingly and purposely.

Wanton means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property. 

Penalties for reckless driving: 

  1. Depends on the number of priors is any;
  2. The existence of any property or personal injury; 
  1. A first offense in Florida (no bodily injury or property damage) is a second-degree misdemeanor punishable by 90 days in jail or 6 months' probation and a $500.00 fine.
  2. A second or subsequent conviction is a second-degree misdemeanor punishable by 6 months in jail and a $1,000.00 fine. 

Penalties increase where there is property damage or bodily injury.

Property damage or non-serious injury a conviction is a first-degree misdemeanor punishable by 1 year in jail and a $1,000.00 fine.

  1. Serious bodily injury conviction is a third-degree felony punishable by 5 years in state prison and a $5,000.00 fine.  

What constitutes reckless driving?

 Normally speed alone is insufficient to prove reckless driving.

  1. However, there is case law that supports the premise that grossly excessive speed may support a conviction. See: Rubinger v. State, 98 So.3d 659, 662 (Fla. 4th DCA 2012); Luzardo v. State, No. 3D13-1678, October 1, 2014 (Fla. 3d DCA 2014.

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.

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