A Reckless Driving charge (Florida statute 316.192) is a criminal traffic charge that can have serious ramifications on a person's driving record. Reckless Driving is also the charge that many State Prosecutors and Judges amend DUI cases to when a DUI case is weak or cannot be proven. A Reckless Driving conviction can result in points on your license and, depending on a person's driving history, can lead to a suspension of driving privileges.
In order for the State Prosecutors to obtain a Reckless Driving Conviction, they must prove, beyond a reasonable doubt, the following:
- The accused drove a vehicle in Florida. AND
- The accused did so with a willful and wanton disregard for the safety of persons or property.
Reckless Driving is a serious criminal traffic charge. It is commonly used as a lesser included offense for serious car crashes involving Florida criminal charges like Vehicular Homicide or DUI. Reckless Driving can also be linked to crashes involving Serious Bodily Injury or Death. In those situations, the cases are commonly filed as felonies, unlike the normal Reckless Driving charge which is a misdemeanor.
Reckless Driving is also a conviction prerequisite for calculation by Florida DHSMV in determining Habitual Traffic Offender (HTO) status. Three convictions of DUI, DWLS, Reckless Driving, Fleeing and Eluding or Leaving the Scene of an Accident in a five year period will automatically require DHSMV to suspend your driver's license for a five year period and brand you as an HTO.
If you've been arrested for Reckless Driving, contact the Law Offices of Whittel & Melton online or call 1-866-608-5LAW (5529) immediately to schedule a consultation to determine how best to defend your case and your rights.