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:
- Depends on the number of priors is any;
- The existence of any property or personal injury;
- 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.
- 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.
- 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.
- 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.