Florida Reckless Driving Defense
Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Whether someone is actually driving with willful or wanton disregard for the safety of persons or property is obviously up for debate when it come to a trial. What is willful or wanton disregard?
What is Automatically Reckless Driving?
Fleeing a law enforcement officer in a motor vehicle is reckless driving per se. This means when the police say stop, you must stop. Crimes like this rely on what the police say happened regardless of what really happened. You need an experienced attorney at trial to make sure the whole truth is told.
Reckless Driving Penalties
Reckless driving does not follow the normal misdemeanor penalties. Instead, reckless driving has tiered penalties that accumulate with each new reckless driving offense. Any person found guilty of reckless driving shall be punished, upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment. On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment. These would be a second degree misdemeanor even though they do not follow the typical penalties.
Reckless Driving Enhancements for Property Damage or Injuries
If the reckless driving results in damage to the property or person of another the driver commits a First Degree Misdemeanor. If the reckless driving results in serious bodily injury to another the driver commits a Third Degree Felony. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. If charged with this YOU need an experienced attorney.
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