Miami Reckless Driving Lawyer

What is Considered Reckless Driving in Miami?

According to Florida's reckless driving statute, this offense is defined as a person who "drives any vehicle in willful or wanton disregard for the safety of persons or property…" Most often, reckless driving is related to excessive speeding or racing on public highways or roads.

Is Reckless Driving a Felony in Florida?

Reckless driving may be classified as a misdemeanor or a felony in Florida, depending on whether the alleged offender caused property damage, bodily injury, serious bodily injury or death as a result of the offense. Specific penalties will vary depending on whether this is the defendant's first offense, as well as whether he or she was driving under the influence (DUI).

If you've been charged with aggressive driving, get a seasoned and trial-experienced attorney on your side. Contact us online or call (800) 798-0243 today for a free case evaluation.

Florida Laws Regarding Reckless Driving

Florida Statutes define reckless driving under Section 316.192, which makes it illegal for any person to drive a vehicle in a manner that is reckless or without regard to the safety of others. This includes:

• Excessive Speeding: Driving at speeds far above the posted limit or too fast for conditions.
• Weaving in and out of Traffic: Changing lanes erratically or cutting off other drivers.
• Tailgating: Following another vehicle too closely, creating a dangerous situation.
• Failure to Yield: Disregarding stop signs or red lights, or failing to yield the right of way in dangerous situations.
• Street Racing: Participating in illegal races or driving in a manner that imitates racing behavior.

How Fast is Reckless Driving in Florida?

In Florida, reckless driving is defined by dangerous driving behaviors, not just speed. While excessive speeding, such as driving more than 50 mph over the posted speed limit, can lead to a reckless driving charge, the offense also includes actions like aggressive lane changes, tailgating, or running red lights. Reckless driving involves a willful disregard for safety, and it's not limited to high speeds alone. Dangerous driving, even without exceeding a specific speed, can result in a charge if it poses a risk to others.

What is the Penalty for Reckless Driving in Florida?

A reckless driving conviction may result in the court enforcing the following penalties:

• First reckless driving offense - up to 90 days in jail, and/or a fine of $25 to $500
• Second or subsequent reckless driving offense - up to 6 months in jail, and/or a fine of $25 to $1,000
• Reckless driving causing property damage - up to 12 months in jail and/or a fine of up to $1,000
• Reckless driving causing serious bodily injury - up to 5 years in prison and/or a fine of up to $5,000

Additionally, a reckless driving conviction may result in the suspension of your driver’s license for up to one year. The offense adds 4 points to your driving record, which could lead to further penalties if you accumulate too many points.

Defenses to Reckless Driving Charges in Florida

Being charged with reckless driving does not automatically mean a conviction. Several defenses may be available, and an experienced Miami reckless driving lawyer can help you determine which is most appropriate for your case. 

Some common defenses include:

• Lack of Intent: Reckless driving charges require that the driver acted with a willful or wanton disregard for the safety of others. If there is insufficient evidence to demonstrate intent or if your actions were unintentional, you may be able to argue that you did not commit reckless driving.
• Emergency Situations: In some cases, drivers may engage in behavior that could be considered reckless due to emergency situations. For example, swerving to avoid an animal in the road or driving at excessive speed to get medical attention may be considered excusable actions. If you were faced with an emergency, a Miami reckless driving attorney can argue that your actions were reasonable under the circumstances.
• Faulty Equipment or Mistaken Identity: Sometimes, reckless driving charges may arise from faulty equipment or a case of mistaken identity. For example, faulty speed detection equipment could result in an inaccurate speeding citation. Additionally, if another driver was responsible for the dangerous driving behavior, you may be able to demonstrate that you were not the one acting recklessly.
• Lack of Probable Cause for the Traffic Stop: In some cases, a police officer may have pulled you over without a valid reason, violating your constitutional rights. If your traffic stop was conducted without probable cause or reasonable suspicion, a Miami reckless driving lawyer could argue that the evidence obtained from the stop should be inadmissible in court.

Arrested for Reckless Driving in Miami?

If you or someone you know has been arrested for reckless driving in South Florida, please take a moment to contact Miami criminal defense attorney Michael Mirer for a free initial consultation regarding your case. At this time, you may be at risk of facing imprisonment in county jail or state prison, along with fines and the potential of facing mandatory drug or alcohol rehabilitation/treatment.

You will need a professional to act as an advocate for your rights through every step of the legal process, inside and outside of the courtroom.

To fight your Miami reckless driving charges and avoid the serious penalties that may result in a conviction for this offense, contact online a Miami reckless driving attorney at the Law Office of Michael Mirer, P.A. calling at (800) 798-0243 today.