Reducing DUI to Reckless Driving
Lawyer for Reducing Tampa DUI to Reckless Driving
Under Florida Statute Section 316.192, in order for the prosecutor in Tampa, Florida to prove the criminal offense of reckless driving, the following elements must be established beyond all reasonable doubt:
- The Defendant drove a vehicle in Hillsborough County, FL
- The Defendant did so with a willful or wanton disregard for the safety of persons or property.
The term "willful" has been defined in Florida as knowingly, intentionally and purposely. While the term "wanton" has been defined under Florida law as an intentional or conscious indifference to the consequences and with knowledge that damage was likely to be done to person or property.
The term "vehicle" has been defined under Florida law as any devise by, in, or upon which any person or property may be or is being drawn or transported upon a highway. The definition of "vehicle" under Florida law specifically excludes bicycles, mopeds or devices used exclusively on stationary tracks or rails.
Reducing DUI to "Reckless Driving"
In many DUI cases in Tampa, Hillsborough County, FL, the prosecutor will offer to "reduce" the charges to reckless driving. The punishments for reckless driving under Florida law include four (4) points being added to your Florida driver's license if you are adjudicated quilty of the charge. If the court agrees to "withhold adjudication" then no points will be added to your Florida's driving record.
The maximum punishment for a reckless driving charge in Florida is ninety days (90) days in the Hillsborough County jail and a five hundred dollar fine, unless you have a prior offense of reckless driving, in which case the maximum punishment is six (6) months in the Hillsborough county jail and a $1,000.00 fine.
The reduction to reckless driving typically requires less jail time considering that even a first DUI in Tampa (when no property or personal injury is alleged) is punishable by only six (6) months in the county jail.
Adding Many of the First DUI Requirements Including DUI School and Counseling
In certain cases in which the driver is charged with reckless driving and the court has reasonable cause to find that drugs or alcohol contributed to the offense, the judge can require the person accused to complete an evaluation and DUI educational classes for alcohol or substance abuse. Failing to comply with the DUI counseling requirement after a reckless driving plea can result in a suspension of your Florida driver's license.
The Benefits of Entering a Plea to Reckless Driving Instead of DUI
The real "reduction" occurs not only because of the maximum amount of jail time that can be imposed, but because of the lack of other consequences of a reckless driving plea when compared to a DUI conviction. For instance, if you enter a plea to reckless driving the court can withhold adjudication which allows you to seal the criminal record as soon as probation is completed (assuming that you are otherwise eligible to seal a criminal record).
Additionally, no driver's license suspension is required. Likewise, in a reckless driving plea under Florida law, the court is not required to impose DUI school, community service hours, a fine, or any of the other requirements that are mandated in a DUI case under Florida law.
The criminal offense of reckless driving is often difficult to prove under Florida law, although it can be very valuable in resolving a DUI case so that the client can avoid a DUI conviction. Contact a Tampa DUI lawyer experienced in fighting Reckless Driving offenses in Tampa, Hillsborough County, FL, to discuss the particular facts of your case. Call 813-250-0500 to speak with a DUI attorney at the Sammis Law Firm today.