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Reckless Driving In Florida
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Many people assume that reckless driving is a traffic violation because it involves operating a motor vehicle. However, reckless driving allegations are significantly more serious than a traffic ticket and should be taken extremely seriously. While most speeding and traffic tickets are civil violations in Florida, reckless driving is a criminal offense and has potential criminal penalties associated with a conviction.
If you have been charged with reckless driving, your very first call should be to an experienced Miami reckless driving attorney who understands the relevant laws, knows how to fight against wrongful charges, and who can advise you on the best course of action in your case.
What Constitutes Reckless Driving In Florida?
Reckless driving, as defined by Florida law, is operating a vehicle with wanton or willful disregard for the safety of persons or property. Whether you had a disregard for others while driving is a subjective determination and, too often, police may accuse you of reckless driving when you were simply violating other traffic laws. For example, just because you were speeding does not mean that you were actually putting the lives of others in danger.
A skilled attorney will examine your actions and determine whether all of the elements of reckless driving can be proven. If your actions did not constitute reckless driving in Florida, your attorney can fight against your charges and seek to have them dropped. If your actions were in line with reckless driving definitions and the prosecutor has significant evidence thereof, your attorney can negotiate with the prosecutor to see if you can obtain a favorable plea bargain.
In either scenario, you do not ever want to simply plead guilty to reckless driving charges from the start.
This charge can carry serious penalties including:
- The suspension of your driver’s license;
- Up to 90 days in jail for a first conviction;
- $500 maximum fine for a first offense.
These penalties can be doubled if you have a prior conviction for reckless driving on your record.
In addition, a conviction will go on your criminal record and will be available for potential employers to see in the future.
The following charges may appear on your record:
- Second-degree misdemeanor – Reckless driving
- First-degree misdemeanor – Reckless driving causing damage to property or person
- Third-degree felony – Reckless driving causing serious bodily injury to another person
With property damage, penalties can include up to 1 year in jail and/or fines of up to a $1,000. Causing serious bodily harm can result in up to 5 years in state prison and/or a $5,000 fine. As you can see, these charges can carry significant penalties and having an experienced defense attorney on your side is critical.
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Reckless driving may not sound like a particularly serious offense, however, the law in Florida allows for serious penalties upon conviction. If you have been charged with reckless driving in Florida, call us today.
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The Law Office Of Jeffrey S. Weiner Is Based In Miami, Florida And Represents Clients Throughout Florida In Both State And Federal Courts, Throughout The United States, As Well As International Criminal Courts.
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