Key Largo Reckless Driving Attorney

Skilled Reckless Driving Lawyers Challenging Traffic Charges in Key Largo, FL

When a person has been charged with reckless driving, the situation will be more serious than a simple traffic infraction. Unlike many other traffic violations, reckless driving is treated as a criminal offense. A person who is convicted could be sentenced to time in jail and be required to pay large fines. They will have a criminal record that could affect their future opportunities, and they may also be at risk of losing their driver's license.

Charges of reckless driving will need to be treated more seriously than speeding or other minor traffic citations. A strong defense will be needed when a case is handled in the criminal court system. At Keys Criminal Defense, PLLC, our attorneys can provide legal help in these cases, making sure clients are fully prepared to address reckless driving charges, defend against convictions, and protect their licenses and their records.

Understanding Reckless Driving Laws

Reckless driving is addressed in Florida Statute 316.192, and it generally involves actions in which a person showed a disregard for other people's safety. These charges involve "willful and wanton" behavior rather than ordinary carelessness. Willful conduct may include any actions that are taken intentionally. Wanton conduct refers to a knowing indifference to the consequences of a person's actions. This generally means that a person had an awareness that their behavior would likely cause harm, but they intentionally ignored concerns about safety and acted in a manner that put others at risk.

Reckless driving goes beyond negligence. Small mistakes or minor infractions usually will not be considered to be reckless. A person must have behaved in a way that created a serious risk of harm, and they must have knowingly ignored potential safety concerns when driving. Because the line between careless driving and reckless driving is not always obvious, a review of the evidence in a case can be crucial when building a defense and demonstrating that a person did not act recklessly.

Penalties After a Conviction on Reckless Driving Charges Under Florida Law

A person who is charged with reckless driving for the first time could potentially be sentenced to serve as much as 90 days in jail after being convicted. They may also be required to pay fines between $25 and $500. For a second offense or any additional offenses, the penalties will increase to a maximum jail sentence of six months and fines between $50 and $1,000.

Certain circumstances can lead to more serious penalties for reckless driving convictions. If a person's actions allegedly caused property to be damaged or destroyed, or if a minor injury occurred, they could be charged with a first-degree misdemeanor. If convicted, they could be sentenced to jail for as long as one year, and the fines they may face may be as high as $1,000.

In cases where reckless driving allegedly led to a serious injury, a person could be charged with a third-degree felony. These charges may apply if an accident occurred that resulted in serious bodily injuries, which generally involve disfigurement, physical impairments, or a serious risk of death. A person who is convicted of a third-degree felony could face a prison sentence lasting for as long as five years, as well as a fine that may be as high as $5,000.

A person who has been accused of causing someone else's death through reckless driving may be charged with vehicular homicide. This offense is a second-degree felony, which could lead to a sentence of up to 15 years in prison and fines as high as $10,000.

Situations That Can Lead to Reckless Driving Charges

While police officers may pull drivers over after witnessing traffic violations, they may decide to charge a person with reckless driving based on observations of actions that they believed to be dangerous. Reasons for reckless driving charges may include:

• Excessive and Unsafe Speeding: While speeding on its own may not be a reason for reckless driving charges, a person who is accused of driving at a dangerous speed in heavy traffic, during poor weather, in a school zone, or in another situation where others were at risk of harm could be charged with a crime.
• Aggressive Maneuvers: A person who is accused of weaving through traffic, cutting off other drivers, tailgating, or passing in a dangerous manner could be arrested for reckless driving.
• Racing in Public Areas: Street racing is often treated as reckless driving due to the ways it can put people in other vehicles or pedestrians at risk.
• Ignoring Traffic Signs or Signals: Running a red light or a stop sign in a manner that led to an accident or put others at risk of harm may serve as the basis for reckless driving charges.
• Fleeing or Attempting to Elude Police: A driver who does not stop when a police officer tries to pull them over or who tries to flee from police will typically face reckless driving charges. Under Florida law, fleeing from a law enforcement officer is considered to be reckless driving, regardless of whether a person put others at risk of harm when doing so.

Defending Against Reckless Driving Charges

Our lawyers can review the circumstances surrounding an arrest to determine whether the prosecution can prove that a person engaged in willful or wanton conduct. We may be able to show that a person was careless or negligent but did not engage in reckless behavior that led to a risk of injury to others. We can review dash camera and body camera footage captured by police officers, looking at what actually happened during an alleged offense. We can also review witness statements, accident reports, and other information to determine whether reckless conduct or other factors contributed to an accident.

Throughout the process, our team will take steps to negotiate favorable resolutions or advocate for a dismissal of charges. We may take steps to reduce charges to careless driving, allowing a person to be charged with a traffic violation rather than a criminal offense. We will also work to minimize the impact of reckless driving charges on a client's driver's license and limit other penalties that could affect their life and future.

Contact Our Key Largo, FL Reckless Driving Attorneys

Because the consequences of a reckless driving charge are much more serious than a typical traffic ticket, people accused of this offense will need to make sure they have a strong legal advocate on their side. At Keys Criminal Defense, PLLC, we can help clients defend against these charges successfully. Contact our Key Largo, Florida reckless driving lawyers at 305-324-7888 to set up a free consultation.