In the State of Florida, reckless driving is a second-degree misdemeanor punishable by a maximum of 90 days in jail and a $500 fine.
In order to be charged with reckless driving, the State must prove the
following elements:
1) Defendant drove a vehicle in Florida.
2) He or she did so with a willful or wanton disregard for the safety of
persons or property.
"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.
As a
former prosecutor in Miami-Dade County, I can assure you that defendants charged with reckless driving are not offered
pretrial diversion (PTD). The State's initial plea offer for a person without a criminal record is a
withhold of adjudication (not a conviction), payment of court costs, a $250 fine, and 8 - 12 hours
of traffic school.
If you are charged with
DUI, then a
breakdown to reckless driving is a good thing, given the fact that it doesn't carry the stigma or
statutory driver's license suspension of a DUI conviction. However,
if charged only with reckless, then it should be fought. In addition to
the fines, costs, and traffic school; your insurance rates could skyrocket,
should your carrier decide to keep you. Also, reckless driving is a
criminal traffic offense, which means that it is a criminal charge that goes on your record.
As a Miami-Dade County
criminal attorney who handles reckless driving cases in Miami and Broward, I always offer
my clients the opportunity to have their
records sealed or expunged.
You may be physically arrested for reckless driving, or you may be issued a
promise to appear (PTA). Either way, it's an arrest. You should never walk into criminal court
without the aid of a Miami-Dade County criminal lawyer from our firm.
Call me today to discuss your reckless driving case.