Florida's Reckless Driving Laws and Penalties

In Florida, unsafe driving can lead to reckless driving charges, fines, and jail time. This article explains how Florida defines reckless driving and the penalties you'll face for a conviction.

What's Considered "Reckless Driving" in Florida?

A person can be convicted of reckless driving in Florida for:

• driving a vehicle with "willful or wanton disregard for the safety of persons or property," or
• fleeing in a vehicle from a law enforcement officer (called "per se" reckless driving).

The term "willful" refers to conduct that is intentional or purposeful. And "wanton" means the person understood but disregarded the consequences of the conduct. (Fla. Stat. § 316.192.)

Fines and Jail Time for Reckless Driving in Florida

The consequences of a Florida reckless driving conviction depend on the circumstances of the case. But the possible penalties relate to whether the offense involved property damage, injuries, or the driver having prior convictions.

Penalties for 1st Reckless Driving Conviction in Florida

A first reckless driving conviction can result in a fine of $25 to $500 and/or up to 90 days in jail.

Penalties for 2nd or Subsequent Reckless Driving Conviction in Florida

A second or subsequent conviction is punishable by a fine of $50 to $1000 and/or up to six months in jail.

Penalties for Reckless Driving Involving Property Damage or Injuries in Florida

A reckless driving offense involving property damage or minor injuries is a first-degree misdemeanor. Convicted drivers face fines of up to $1000 and/or a maximum of one year in jail.

Penalties for Reckless Driving Involving Serious Bodily Injury in Florida

A motorist convicted of reckless driving involving "serious bodily injury" is guilty of a third-degree felony. A "serious bodily injury" is one that creates a substantial risk of death, disfigurement, or impairment to any part of the body. Convicted motorists face up to $5,000 in fines and/or a maximum of five years in prison.

ENHANCED SENTENCES TO REPEAT FELONY OFFENDERS

Offenders with multiple felony prior convictions face the possibility of being sentenced under Florida's "violent career criminal" and "habitual felony offender" law. The statute allows judges to impose enhanced prison sentences on certain repeat offenders. Because of the intricate nature of the statute, it's best to consult an experienced attorney to determine whether it applies to your case.

Reckless Driving and DUI Charges ("Wet Reckless") in Florida

In Florida, it's possible for a driver who's charged with driving under the influence (DUI) to plea bargain for a reckless driving charge—a less serious offense. A reckless driving offense that involves drugs or alcohol is often called a "wet reckless."

A motorist who's convicted of a wet reckless—in addition to the normal reckless driving penalties—must complete a DUI substance abuse education course and evaluation. Depending on the results of the evaluation, the person might also have to complete substance abuse treatment.

Talk to a Florida Defense Attorney

The consequences of a reckless driving conviction in Florida are serious, and the facts of every case are different. If you've been charged with reckless driving, get in touch with an experienced Florida lawyer. A qualified attorney can explain how the law applies to the facts of your case and help you decide on the best course of action.