Reckless Driving Lawyer in Orlando, FL

It’s easy to see someone swerving on the highway and think they’re driving recklessly. But reckless driving, as a legal charge, can be so much worse. That’s why Hanlon Law is here to help you build your best possible defense. Contact us today. 

What is Reckless Driving?

Reckless driving is legally defined by Florida Statute 316.192 as any operation of a vehicle with a willful or wanton disregard for the safety of people or property. 

As this definition suggests, there are two elements the prosecution must be able to prove beyond reasonable doubt in order to secure a conviction:

1. The defendant did, in fact, drive a motor vehicle
2. The defendant did so with a “willful” or “wanton” disregard for the safety of person or property

Willful, in this case, is described by the Florida Statutes as “intentionally, knowingly, and purposefully.” This means you knew the manner in which you drove could cause damage and/or injury, and you drove in that manner anyway, with that intent in mind. 

Wanton, on the other hand, is described as a “conscious indifference.” This means you were aware that the manner in which you drove could cause significant damage or injury, but consciously disregarded the risk or consciously didn’t care about the risk.

The only exception to the requirement for either willful or wanton disregard lies in the crime of fleeing law enforcement in a motor vehicle. In such a case, the defendant will be charged with reckless driving per se, which is based on the act of fleeing law enforcement and does not require any further evidence.

It’s important to note that Statute 316.192 does not consider carelessness or negligence to be reckless. You have to have been aware of the risk of damage and injury your driving could cause in order to be charged with reckless driving.

What are the Consequences for Driving Recklessly?

For first-time offenders, reckless driving is considered a second-degree misdemeanor. As such, you may face up to 90 days in prison, 6 months of probation, and/or fines ranging from $25 to $500. 

Subsequent offenses (second, third, fourth, etc.) are still considered a second-degree misdemeanor, but are subject to up to a maximum 6 months in prison, as well as with fines ranging from $50 to $1,000. 

However, if the reckless driving in question caused damage to property or injury to person, you may face even more consequences, which escalate along with the severity of the damage and/or injury. For example, reckless driving that causes minor damage or injury is a first-degree misdemeanor, punishable by up to 12 months in jail, 12 months of probation, and/or a $1,000 fine. Reckless driving that causes serious bodily injury, on the other hand, is a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

As reckless driving often occurs in conjunction with the use of drugs, alcohol, or other illegal substances, you may also face additional charges related to the use of those substances, the operation of a motor vehicle while under the influence, etc. When legal drugs or alcohol are involved, you may be required to attend rehabilitative programs for substance abuse. 

How to Fight Reckless Driving Charges

With the potential for such severe consequences on the line, it’s important to have a robust defense strategy. The most common choice is arguing that the driving in question does constitute a willful or wanton disregard for damage to person or property. An experienced lawyer may be able to convince a jury that your driving only qualifies as careless or negligent, as you lacked the intent or awareness of risk.

Other common defenses include a lack of actual persons or property present to endanger, unreliable witnesses, or even the consideration of extenuating circumstances. For example, if you drove recklessly in an attempt to flee a pursuer whom you had reason to believe intended to cause you serious harm.

It’s important to note that speed alone is not sufficient to secure reckless driving charges. Just speeding, even excessively or grossly, does not constitute recklessness. However, speeding in conjunction with other factors may qualify, such as improper passing, the presence of children, crowded residential areas, ignoring traffic control devices (such as stoplights), and driving under the influence. 

Experienced Defense Lawyers in Orlando

As you can see, there are not only a multitude of reasons why you could be charged with reckless driving, but also a multitude of defense strategies to take. That’s why it’s vital to have an experienced defense attorney present to help you navigate your options and choose the best one for your case. At Hanlon Law, our team offers nearly two decades of experience in the courtroom. We’ll work aggressively to ensure the best possible outcome and advocate at every opportunity on your behalf. Contact Hanlon Law today to schedule a free consultation.

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