What to Do With a Reckless Driving Charge in Florida

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Originally Posted On: https://bippermedia.com/what-to-do-with-a-reckless-driving-charge-in-florida/

No one ever has the “true” intention to drive their vehicle and harm another. However, reckless driving is a serious issue that accounts for over one-third of auto accidents that result in death.

If you find yourself in a situation where you have a reckless driving charge in Florida, you may wonder what options you have. Keep reading to learn what reckless driving is, the penalties you can expect to have, and what you can do with help of an attorney.

Reckless driving and careless driving are two very different violations. Careless driving is a citation the law gives for lesser conduct that results in a car accident. It also encompasses fees given to those who speed, tailgate, or ignore a red light.

Careless drivers may be a danger on the road, but the wanton disregard for traffic rules has a light punishment. This could be unintentional slip-ups or lack of attention. Ticket charges also have the option to get a dismissal by completing DHSMV-approved traffic school courses.

Reckless driving is a lot more severe in the eyes of the law. Florida Statute 316.192 states reckless driving is when a person drives a car in “willful or wanton disregard for the safety of persons or property.” Driving away from law enforcement also counts as reckless driving.

Reckless driving is a crime that has harsh consequences that could translate to time in jail. The charges you could receive depend on the type of reckless driving you commit. There are four main types:

• Reckless driving as a first offense
• Reckless driving with a prior offense
• Reckless driving that results in property damage
• Reckless driving that results in severe bodily injury

There is a hierarchy that falls in reckless driving that the law uses to determine what punishment a person should get. First-time offenders receive the least punishment.

The guilty can expect to spend a minimum of three months in jail or pay a minimum fine of $50. The law may charge you with both a fine and imprisonment if they see fit.

The maximum fine a reckless driver may receive is $5,000. This is a fee you can expect to pay if you have a previous reckless driving offense.

You are likely to pay this amount if your actions result in serious bodily injury or property damage. The maximum jail time sentence is five years. Reckless drivers can also face up to five years of probation.

Those who receive a reckless driving conviction receive a letter from the DHSMV. That letter provides an outline of the requirements the state expects you to complete. One of those requirements is often signing up for a four-hour Basic Driver’s Improvement class.

There is a time restriction. The state will give you up to three months to take the course. Failure to do so will result in the suspension of your license.

However, if the court decides to withhold the conviction and drop the case, you are not obligated to complete the course.

Those with a reckless driving charge will have four points added to their driver’s license. This can be detrimental to those who have a poor driving record. Having too many points on your driver’s license can also result in the suspension of your license.

If maintaining the privilege to drive is important to you, make sure to keep track of your points record. Drivers who have 18 points on their license over the course of 18 months will be unable to drive for 90 days. Drivers who accumulate 24 points in the course of three years will have their license suspended for one year.

Having a reckless driving charge on your record is a stain that will stay with you for up to 75 years. The best chance you have at reducing your charges or avoiding charges altogether is to seek legal counsel.

It’s also important to keep in mind that you need to expunge the charge on your record. Failing to do so will not drop the charge and the record will remain public. Expunging a record is a step you must complete after a reckless driving charge is dismissed.

The process of expungement is often difficult and confusing. This is because you must work with the county courts and the Florida Department of Law Enforcement. Expunging a record is a long process and is something you want to start as soon as possible.

The law can only hand down a conviction for reckless driving that meets certain elements. There must be proof that the reckless driver, without a reasonable doubt, drove a car with a willful or wanton disregard for safety. Without sufficient evidence, the state will have to drop the case.

There are dozens of reckless driving cases that occur daily in Florida courts. Although reckless driving is a severe crime, it is possible to have the state dismiss it. More often than not, dismissals are a result of the defendant getting overcharged.

Other times, the charge in itself is a mistake. Police officers are not always right. Even officers confuse the law and may not be certain what reckless driving is even when they write the citation. This is a growing problem that happens more than most people think.

You do not have to fight dismissing your case on your own. If you are dealing with a reckless driving charge, you should work with an attorney. Having an experienced attorney to handle your case means you increase your chances at the state dismissing your case.

An experienced reckless driving lawyer can help reduce penalties in cases where complete dismissals are not possible. Hanlon Law is the only firm in Tampa you want to work with when dealing with criminal offenses such as reckless driving.

Contact us today for assistance. We are available 24/7.