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.
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 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 criminal lawyer.