Reckless Driving


Reckless Driving

West Palm Beach Reckless Driving Attorney David W. Olson

 

Reckless driving is a serious offense that can potentially result in a misdemeanor or felony, depending on the particular circumstances involved. A conviction will result in points on your driving record and in most cases, a substantial increase in auto insurance rates. Additionally, if enough points are accumulated within the DMV’s specified time periods, a driver’s license suspension can result.

 

For more than 30 years, Attorney David Olson has represented thousands of clients accused of reckless driving, DUI’s, speeding and other driving and criminal offenses. He offers a free case review.

 

Florida’s Reckless Driving Statute

 

Reckless driving is an offense that is detailed in Section 316.192, Florida Statutes. For purposes of this article, the following sections are included:

 

(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se. (2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment. (3) Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vehicle; and
(c) Who, by reason of such operation, causes:

 

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term “serious bodily injury” means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

 

Understanding The Reckless Driving Statute – What is Reckless Driving?

 

The statute indicates that reckless driving occurs when an individual drives in willful or wanton disregard for the safety of persons or property. What does willful and wonton actually mean?

 

  • A level of driving that blatantly ignores or disregards common sense and rules of driving safety.
  • A lack of care that puts others drivers, vehicles, pedestrians and/or property in actual or potential danger.
  • A lack of attention to driving, usually accompanied by an arrogant, non-caring attitude.
  • A level of conduct that exceeds carelessness; willful misconduct.

 

Examples of Reckless Driving Conduct:

 

  1. George is driving 55 mph in a 35 mph zone while texting, swerving in and out of lanes, nearly causing accidents and forcing other drivers to swerve in order to not get rear-ended by him. George was charged with first offense reckless driving and other charges.
  2. Mary is driving in her neighborhood while looking in the mirror, combing her hair, putting on lipstick and barely paying attention to the road, cutting off other drivers. She swerves at the last second to avoid hitting a pedestrian but jumps the curb and runs over and destroys a neighbor’s fence. Mary was charged with reckless driving causing property damage – and other charges.
  3. Michelle is late for school and is drinking extremely hot coffee while driving with only her right hand. She is speeding and passing other cars. The coffee spills on her lap and she burns herself, loses control of the car and hits a bicyclist, causing a serious head injury and broken bones. Michelle is charged with reckless driving causing serious injury – and other charges.
  4. Josh just got a new car and wants to see how fast it accelerates. He already has a previous reckless driving offense and is charged with reckless driving with a prior conviction.
  5. A police car turns on its lights and siren in an attempt to pull over Richard, but Richard doesn’t stop, tries to get away, and causes police cars to follow in a high speed chase. Richard is charged with reckless driving per se and other charges.

 

Attorney David W. Olson, Reckless Driving and Criminal Defense

 

If you were charged with reckless driving or reckless driving in addition to other offenses, it is advisable to hire an attorney who will pursue the most favorable outcome possible, such as a dismissal or reduced charge. Attorney Olson is highly regarded by both the legal community and his clients and has been honored with numerous awards:

 

  • Martindale Hubbell AV Preeminent Peer Review, with a 5.0 out of a possible 5.0 rating. This is an especially significant honor because it is generated by ratings from members of the Florida Bar and the judiciary.
  • Top 100 Trial Lawyers – from the National Trial Lawyers.
  • Top 1% – National Association of Distinguished Counsel. Awarded only to the top one percent of lawyers in the country.

 

Attorney Olson represents clients accused of reckless driving, drug crimes, DUI and DUI manslaughter, solicitation of prostitution, sex offenses, weapons offenses, domestic violence, juvenile matters, theft offenses, fraud, resisting arrest and all other felonies and misdemeanors. He represents clients in West Palm Beach, Palm Beach County, Delray Beach, Boca Raton, Broward, Miami-Dade and elsewhere throughout Florida. For a free case review, call 561-833-8866.

 

Source

 

Section 316.192, Florida Statutes (2014)