Florida Reckless Driving Crimes – Orlando Criminal Defense Attorney

Florida Reckless Driving Crimes

WILSON
LAW FIRM, P.L.
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Orlando Criminal Lawyer - Reckless Driving:
This is a fairly common offense in Florida, however, it can have significant
penalties. If you have been arrested for reckless driving you should speak
with an experienced criminal defense attorney at your earliest opportunity
to learn about your rights and the defenses that may be available to you..

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation

The following section of this page provides some basic information regarding reckless driving offenses:

Reckless Driving - This occurs when a person drives any vehicle in willful or wanton disregard for the safety of
persons or property is guilty of reckless driving. Any person convicted of reckless driving is subject to the following
penalties

1) 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.

2) 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.

Any person who is commits the offense of reckless driving and by reason of such operation of the vehicle, causes:

1) Damage to the property or person of another commits a misdemeanor of the first degree punishable by up to 1
year in the county jail.

2) Serious bodily injury to another commits a felony of the third degree punishable by up to 5 years in State Prison,
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.

In addition to any other penalty provided, if the court has reasonable cause to believe that the use of alcohol,
chemical, or controlled substances contributed to a violation of this section, the court shall direct the person so
convicted to complete a DUI program substance abuse education course and evaluation within a reasonable period
of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an
authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the
court requiring completion of such course, evaluation.

For more information about Reckless driving,please review the following Florida Statute.

Florida Statute 316.192 - Reckless driving.
(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty
of reckless driving.

(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.

(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:

(a) 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.

(b) 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.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

(c) Who, by reason of such operation, causes:

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. 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.

(4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this
section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services
Trust Fund.

(5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the
use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed
to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance
abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by
the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance
abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring
completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to
treatment resulting from the DUI program evaluation may not be waived without a supporting independent
psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court,
which shall have access to the DUI program psychosocial evaluation before the independent psychosocial
evaluation is conducted. The court shall review the results and recommendations of both evaluations before
determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI
program substance abuse education course and evaluation or referred to treatment under this subsection fails to
report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the
department of the failure. Upon receipt of such notice, the department shall cancel the person’s driving privilege,
notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department
may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and
treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon
verification that the offender is currently participating in treatment and has completed the DUI education course and
evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the
department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI
program.

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For Information on some of the Penalties, Fines and Points for Civil Traffic Infractions click on the following links:

Florida Statute 318.14 - Noncriminal traffic infractions; exception; procedures.

Florida Statute 318.143 - Sanctions for infractions by minors.

Florida Statute 318.15 -Failure to comply with civil penalty or to appear; penalty.

Florida Statute 318.18 - Amount of penalties (Fines assigned for Specific Traffic Infractions).

Florida Statute 322.27 - Authority of department to suspend or revoke license. (Points assigned for Specific
Traffic Crimes and Inffractions)

For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney and Winter Park criminal lawyer about your situation or to schedule a Free Initial
Consultation. The Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida
area, including the cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood,
Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and
Winter Springs, as well as Lake County, Orange County, Osceola County, and Seminole County, Florida.