Thank you for asking me “What is Reckless Driving in FL?”
Reckless Driving is a criminal traffic offense. It may look and smell like a regular traffic ticket but it isn’t. Be clear: Reckless Driving is a crime. In order to prove Reckless Driving in FL the State must prove that:
1) You were driving; and 2) At that time you had a “willful or wanton disregard for the safety of persons or property”
“Willful” means “intentionally, knowingly and purposefully, and “Wanton” means “a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property.”
If you are cited for Reckless Driving then the police officer has 100% discretion to either physically arrest and take you to jail or to issue you a PTA, meaning that you can be given a ticket and be permitted to drive away, with a promise to appear for a mandatory court date in the future, so be aware – as you always should – that how you react to, speak to and treat the police officer on the roadside may well be the difference maker.
Reckless Driving requires more than either committing traffic infractions or failing to use ordinary care… it requires a demonstrable indifference for the safety of others.
A first offense is punishable by up to 90 in jail or 6 months probation, a second or subsequent offense is punishable by up to 180 days in jail and 6 months probation. If you have an accident while driving recklessly then you face 364 days in jail and a year probation and if there are serious bodily injuries then you’re facing a felony prosecution with the potential for up to 5 years in prison or 5 years probation.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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