If in fact you have been apprehended for Reckless Driving in Florida, its very important that you hire an experienced Reckless Driving criminal defense lawyer to represent you. We will work relentlessly to mount a successful defense to the crimes with which you have been charged.
We are firm believers and advocate of our clients’ Constitutional rights and promise to employ our invaluable resources and experience in our power to protect and defend them. We are ethical, experienced and hard working Reckless Driving criminal defense attorney who will defend your case. Reckless driving, in the United States, is a severe problem and one of the most committed crimes.
Reckless driving is described in aggressive driving” as, “the operation of a motor vehicle in a manner which endangers the life of individuals or property.” This behavior usually is based upon illegal and dangerous driving which is done with the intent to gain an advantage over the other drivers or due to some other psychic problem. Examples include: Over speeding, following an additional vehicle too closely, erratic lane changes, improper signaling, and failure to obey traffic signals. Running a red light is one of the most dangerous forms of aggressive driving.
The majority states have passed legislation to create specific penalties for reckless driving offenses. These laws create specific penalties for driving that intentionally places the life of other individuals at jeopardy of harm or endangers the safety of others, is based upon dangerous conduct contributing to the likelihood of a collision and displays extreme impatience. Reckless driving has several known causes: The influence of alcohol whilst driving, the influence of drugs whilst driving, and Encouragement of the driver to behave in such a manner by other passenger in the car. Any person who drives any vehicle upon a highway by disregarding the safety of persons or property is guilty of reckless driving. Persons arrested or convicted of the offense of reckless driving shall be punished by imprisonment in a county prison for not less than five days nor additional than 90 days or by a fine of not less than one hundred forty-five dollars which should be not additional than one thousand dollars ($1,000), or by both that fine and imprisonment.
The license or permit to drive of person arrested or convicted of reckless driving shall be suspended by the department for not less than thirty days.
Florida Reckless Driving Cases
If you have been charged with reckless driving in Palm Beach, Broward, or Miami-Dade County, call us now. Call us at (866) 433-3363 for your fast, free, and no obligation phone consultation.
Frequently Asked Questions
You just pick up the telephone and call us and we will discuss your traffic ticket. No strings attached. We will tell you if we think we can help you and let you know what your options are.
Most likely you can not just pay the ticket as it’s usually a criminal charge. Call us ASAP.
Unfortunately yes it is, call the Traffic Ticket Team now for your free consultation and let us fight back for you.
Maybe, every case is different but it is a serious charge that needs to be taken very seriously. Call us ASAP.
Generally, no. However, due to the mobility of cars, time does not permit a search warrant to be obtained. As a result, vigilant police are motivated to search suspicious automobiles. However, the police officer must have probable cause to believe that contraband is concealed somewhere. In essence, merely being stopped for speeding should not allow the officer to search your car; however, if the officer saw you throw an empty beer can out the window that may be sufficient probable cause to search your car. Or, if the officer smells marijuana as he approaches the car, he may have a reasonable suspicion to search. It is unreasonable to make a search of an automobile when the arrest is for a minor traffic violation (like speeding), as a subterfuge for a search for evidence of a serious crime. Yet, the many automobile exceptions are based on the lower expectation to the right of privacy in a car versus a home and the fact that cars are mobile and evidence can be more readily disposed.
There is something called the Driver’s License Compact which is an agreement between states to share driving record information with one another. So, getting a ticket in Texas will more than likely show up in New York and vice versa. However, although that is the case, there is always the slight possibility that it won’t. There are currently 5 states which do not share information with the rest of the country. They are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. So, if you get a ticket in one of these states, chances are your home state will not find out about it.
This is a very popular misconception. Although the ‘right’ mistakes on a ticket do have the power to have it dismissed, most mistakes don’t. Things like misspelled names, a slight variation of color written down for your vehicle, and similar mistakes will not have a bearing on the case. The right mistakes are what the court calls ‘fatal flaws’ on a ticket.
If it’s for a moving violation such as speeding, ignoring it may result in a suspended license and/or a bench warrant being issued for your arrest. This is true even if you got the ticket outside of your home state.
Regardless of whether or not you are guilty of exceeding the speed limit by a few miles, it isn’t fair for you to have to pay $300 – $1,000 price tag! When you add the raised insurance premiums, you stand to lose a lot of money. It’s in your best financial interest to fight all traffic tickets… guilty or not!
If you get a traffic ticket, a defense attorney can appear for you at a hearing, challenge the law enforcement officer to prove the infraction beyond a reasonable doubt, and minimize the damage to your driving record by requesting that no points be assessed by the court. As your traffic ticket attorneys, we may be able to get the court to allow you to take a driving school option when you are ineligible by statute, either due to a recent driving school election or because the maximum school allowance has been surpassed. We also plea bargain with the Judge for the best result.
A suspension will be entered against your driver’s license which could affect your insurance rates and subject you to additional penalties.
A civil traffic infraction is a non-criminal charge such as a speeding violation, that can usually be disposed of by payment of a civil penalty or an election to attend a defensive driving school course. A court appearance is not required, except in cases were the violation involves an accident, excessive speed, accident with serious bodily injury or fatality to another.
A criminal traffic or misdemeanor charge requires a court appearance and carries with it criminal penalties which may include a fine and/or the possibility of a jail term. These include reckless driving, driving under the influence DUI or DWI, racing, etc. In many instances, the police will arrest you for these traffic criminal violations.
Submit your information for an online consultation by filling the quick contact form. An attorney will contact you as soon as possible. You can also call our office at (954) 967-9888. We are available 24 hours a day, 7 days a week.
What is Reckless Driving?
People ask me all the time, how do you know if it’s Reckless Driving or just stupid mistakes in driving? We’ll let is start with the actual language from the Florida Statute, 316.192, “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” So, Jason Diamond of the Traffic Ticket Team, what does “willful or wanton disregard mean?” That is up to the Judge. The police officer on the street may have an opinion of what you were doing, but only a Judge can decide if it was Reckless Driving and violates Fla. Stat. 316.192. It is helpful to look at the entire Statute as this is what the Judge will do as well.
How Do You Know if Your Driving is Reckless or Careless under Florida Law?
Cruising down Florida’s sunny highways, the wind in your hair and palm trees swaying in the breeze, it’s easy to feel invincible behind the wheel. But remember, the freedom of the open road comes with immense responsibility. Understanding the nuances of Florida’s traffic laws, particularly the distinction between reckless and careless driving, can save you from hefty fines, points on your license, and even jail time.
Reckless Driving: A Willful Disregard for Safety
Florida Statute 316.192 defines reckless driving as operating a motor vehicle with a “willful or wanton disregard for the safety of persons or property.” This means your actions must exhibit a conscious indifference to the potential consequences of your driving, demonstrating a blatant disregard for the rules of the road and the safety of others.
Examples of Reckless Driving
Careless Driving: A Lapse in Attention or Judgment
Careless driving, on the other hand, involves a failure to exercise the due care expected of a reasonably prudent driver. It’s essentially an unintentional error in judgment or a momentary lapse in attention that creates a hazardous situation.
The Crucial Difference: Intent Matters
The key distinction between reckless and careless driving lies in the driver’s intent. Reckless driving requires a deliberate and conscious disregard for safety, while careless driving stems from a mistake or oversight. This difference has significant legal ramifications.
- Reckless driving is a criminal offense, punishable by imprisonment, fines, license suspension, and points.
- Careless driving is a civil infraction, resulting in fines and points on your license but no jail time.
Navigating the Gray Areas
Determining whether your driving falls under the reckless or careless category can be tricky, especially in borderline cases. Some behaviors, like speeding significantly above the limit or weaving through traffic, might appear reckless but could be attributed to poor judgment in certain situations. Ultimately, the decision rests with the police officer or the court, who will assess the totality of the circumstances and your intent behind the wheel.
Tips for Safe and Responsible Driving
By understanding the differences between reckless and careless driving, practicing safe driving habits, and staying vigilant on the road, you can navigate Florida’s highways with confidence and ensure the safety of yourself and others. Remember, the freedom of the open road comes with a responsibility to drive responsibly and respect the rules.