Reckless driving is a serious crime in Florida, and as such, if you’ve been accused or charged with reckless driving, it’s critical that you consult a qualified legal professional for help. Though the general public often assumes that reckless driving is a rather minor offense, the truth is that — In some cases — reckless driving can lead to a first degree misdemeanor charge, or even a third degree felony charge, with penalties of up to five years imprisonment and a $5,000 fine.
Let’s take a closer look.
What Qualifies as Reckless Driving?
In Florida, the prosecution must establish the following in order to convict you of reckless driving:
That you were operating the vehicle at the time of the accident; and
That in operating said vehicle, you did so willfully or with wanton disregard for the safety of others and/or their property.
Florida law defines “wanton disregard” as a conscious indifference to the high likelihood of your behavior causing injury or damage to others. For example, if you are drag racing at a crowded traffic intersection, it’s very likely that your conduct will cause an injury to others on the roadway. Your choice to continue drag racing could be construed as a willful and wanton disregard for the safety of others — and therefore qualifies as reckless driving.
The intentional aspect is critical. If you are simply failing to take reasonable steps to drive carefully (i.e., you’re preoccupied with a work issue and accidentally drive through a stop sign without braking first), then that would not be sufficient for a reckless driving charge.
Contributing Factors
When evaluating a reckless driving charge, Florida courts will look at your conduct as a driver on the basis of the overall factual circumstances, and will look to certain factors as an indication of a willful and wanton disregard for the safety of others. These factors include, but are not necessarily limited to the following:
Grossly excessive speed
Operating your vehicle in an prohibited area
Violation of obvious traffic rules (i.e., right-lane passing, ignoring signage, etc.)
Disregarding minor children and the unique dangers they pose (i.e., refusing to slow down near playing children, who could run into the street suddenly)
Disregarding the presence of pedestrians in general
Driving while intoxicated
For example, driving through a visible stop sign might be considered reckless if you were aware of the stop sign but chose to ignore it anyway. The court would be even more likely to find that you were recklessly driving if you were excessively speeding while ignoring the stop sign.
Common Defenses
Reliability of Witnesses
Where there is video or photographic evidence (i.e., surveillance footage) of the accident, it may be possible to show that you were not actually conducting yourself in a reckless manner while operating the vehicle. Where no such evidence exists (or there is only limited evidence), however, eyewitness testimony is crucial.
Eyewitnesses who provide testimony disfavoring your “side of the story” can be challenged and undermined by attacking their reliability and credibility. Perhaps the eyewitness normally wears glasses, but was not wearing them at the time of the accident — this would make their testimony substantially less reliable.
Circumstances Forced Misconduct
In some circumstances, a driver may be forced to operate their vehicle in a dangerous way to avoid a certain accident. These circumstances may allow for a defense to a reckless driving charge. For example, suppose that you are driving on a highway when a mudslide suddenly comes crashing down the side of the mountain, headed towards your location. If you gain excessive speed and you swerve to avoid the mudslide, then the prosecution cannot impose liability on you for taking evasive (if reckless) action in the face of an emergency.
If you’ve been accused or charged with reckless driving, then you’re likely feeling anxious about the potential for criminal liability (and the associated penalties). Reckless driving is a serious charge, and must be handled skillfully. Seek legal guidance from an experienced criminal defense attorney on how to proceed.