Florida Reckless Driving Under Section 316.192

Florida Statute Section 316.192 provides the punishments, sanctions, maximum jail time and fines, and possible driver's license suspension upon a finding of guilt. If you have been charged with any misdemeanor or felony offense for reckless driving contact a Tampa criminal defense attorney at the Sammis Law Firm by calling 813-250-0500.

A conviction for reckless driving can lead to a suspension of your Florida driver's license, four (4) points on your driving record (if you are convicted), increased insurance premiums, or other direct and collateral consequences. Before you go to court for any charge fo reckless driving, discuss the details of your case with an experienced attorney. The prosecutor is required to show a willful and wanton disregard for the safety of another person or property. This requirement of the driver's state of mind is often difficult for the prosecutor to prove.

In many cases the prosecutor will charge the offense of "reckless" driving when a more appropriate civil infraction such as speeding or failiing to maintain a lane. Especially in cases in which no accident occurred, it may be difficult for the prosecutor to prove that the driving was reckless as opposed to merely careless.

The Reckless Driving Statute

Florida law, 316.192(1)(a) defines the crime as a wanton or willful disregard for the safety of property or persons. Furthermore, Florida law, Section 316.192(1)(b) provides that reckless driving "per se" occurs when the person flees a law enforcement officer in a motor vehicle.

Subsection 2 of Florida Statute Section 316.192 provides for the punishment for reckless driving. For a first conviction of reckless driving, the court may impose jail time of up to 90 days.

• First Offense: the minimum fine for a first offense of reckless driving is $25 and the maximum fine is $500.

• Second or Subsequent Offense: the minimum fine for a second offense of reckless driving is $50 and the maximum fine is $1,000.00.

Felony Reckless Driving Offenses

Enhanced penalties are provided in subsection (3)(c).

• Property damage or non-serious personal injury - Under Section 316.192(3)(c)1, if the reckless driving causes non-serious personal injury or property damage, then the person commits a first degree misdemeanor which is punishable by up to one year in jail and a one thousand dollar fine.

• Serious bodily Injury - Under Section 316.192(3)(c)(2), if the reckless driving causes serious bodily injury to another person, then the offense is a third degree felony punishable by up to five years in Florida State Prison and a five thousand dollar fine. Serious bodily injury is defined as any person injury to another person, including a physical condition which causes a substantial risk of death, impairment of function in any organ or bodily member, personal disfigurement or scarring.

If you have been charged with reckless driving under Section 316.192 of Florida law, contact an attorney at the Sammis Law Firm to discuss this criminal charge and possible ways to avoid a conviction. Call 813-250-0500 to discuss the facts of your case with an attorney today.

Read more about why many DUI cases are reduced to Reckless Driving in courts throughout the Tampa Bay area, including Hillsborough County, FL.