Coral Gables Reckless Driving Defense Attorney

What Constitutes Reckless Driving?

Reckless driving is defined as operating a vehicle in “willful or wanton disregard for the safety of persons or property” (Fla. Stat. § 316.192). To secure a conviction, the prosecution must prove that you were aware of your dangerous conduct, not just that you made a mistake behind the wheel.

We can review the full circumstances of your stop to challenge the arresting officer's subjective assumptions and fight to keep a momentary driving mistake from threatening your driving privileges, career, and freedom. 

What Are the Penalties for Reckless Driving? 

The penalties for reckless driving depend on the offense, your history, and whether the incident involved a collision. Below are some common offenses and their associated penalties:  

• A first reckless driving offense is a second-degree misdemeanor carrying up to 90 days in jail and $500 in fines.
• A second or subsequent reckless driving offense is a second-degree misdemeanor carrying up to six months in jail and a $1,000 fine.
• Reckless driving with property damage or non-serious injury is a first-degree misdemeanor carrying up to one year in jail and a $1,000 fine.

A conviction also adds four points to your driving record, which can trigger a license suspension and significantly increase your auto insurance rates for years. Our defense team can intervene early to challenge the state's case and fight for a reduction or dismissal to keep your record intact. 

Fleeing or Eluding an Officer: Reckless Driving “Per Se”

Fleeing a law enforcement officer in a vehicle is automatically considered reckless driving per se, regardless of how the vehicle was operated (Fla. Stat. § 316.192(1)(b)). The prosecution doesn't need to prove willful or wanton disregard through your driving conduct. Failing to stop for an officer's signal is enough on its own.

Because this charge doesn't depend on how you were driving, the case often turns on whether you knew you were being signaled to stop and whether that signal was clear. These charges commonly stem from misunderstandings, such as failing to notice police lights immediately or driving a short distance to find a safe, well-lit place to pull over.

A fleeing or eluding charge can carry consequences well beyond a standard reckless driving case. We examine these details closely and focus on presenting the full context of the stop to challenge the state’s version of events. 

Can Excessive Speed Alone Justify a Reckless Driving Charge?

Florida courts have repeatedly wrestled with whether speed alone can support a reckless driving charge. While ordinary excessive speed typically isn't enough by itself, courts have carved out an exception for “grossly excessive” speed, which can support a charge on its own. 

Appellate courts have summarized this as “speed alone is not enough, except when it is.” This means the specific speed involved, the road conditions around it, and other key factors matter enormously to how a case is charged and defended, making it crucial to secure a timely defense from our experienced attorney.