Top-Rated Central Florida Criminal Defense Attorney
Reckless driving in Florida is a serious offense that entails operating a motor vehicle in a manner demonstrating a willful or wanton disregard for safety. At Frost Law, we are committed to defending your rights and driving privileges. Attorney Frost can help you navigate the legal system to achieve the best outcome for your case.
Have you recently been accused of reckless driving in Orlando? You need the help of an experienced attorney who can assist you navigate the legal process for protecting your reputation and your driving record. For many people who have been accused of reckless driving, the citation might look like a typical traffic ticket. That means that many people assume it a standard traffic citation, one that they should simply pay and move on. It might even look as though being cited for reckless driving is similar to getting a speeding ticket or having a headlight out.
Unfortunately, however that is not true. Reckless driving goes one higher step beyond a traffic ticket because it is also categorized as a crime. It is a criminal offense and therefore, your representation of it and your ability to protect yourself should be taken extremely seriously by retaining an Orlando criminal defense attorney with a background in reckless driving.
Don’t assume that because reckless driving is similar to traffic citations that it’s something you should ignore. Reckless driving is a serious matter and one that should be handled only by a lawyer. The police officer arresting you may not want to listen to your pleas that they have made a mistake, but an Orlando reckless driving defense attorney should care about listening to your side of the story and protecting your interests from the moment you contact him or her.
The crime of reckless driving in Florida is explicitly defined under Section 316.192 of the Florida Statutes. Reckless driving consists of two key elements:
To clarify, ‘willful’ implies intentional, knowing, and purposeful conduct, while ‘wanton’ denotes driving with conscious and intentional indifference to consequences, knowing that harm is likely to occur. Notably, fleeing from law enforcement in a motor vehicle is considered reckless driving per se (Fla. Std. Jury Instr. (Crim) 28.5).
Negligence alone is insufficient for a reckless driving conviction, as established in State v. Lebron (954 So. 2d 52) and D.E. v. State (904 So. 2d 558). The defendant’s actions must be both knowing and purposeful, or carried out with intentional indifference to consequences and an awareness that harm may result (W.E.B. v. State, 553 So. 2d 323, 325-26).
Determining recklessness involves a fact-intensive, ad hoc inquiry into the defendant’s actions, surrounding circumstances, and foreseeability of potential harm (D.E. v. State, 904 So. 2d 558 at 562).
Reckless driving is a criminal offense that prosecutors and judges throughout Florida, all take very seriously. Reckless driving is often one type of charges that involves prosecutors and law enforcement inappropriately applying facts of a given situation. The state is responsible for proving that the accused individual has driven a vehicle in a manner that demonstrates wanton or willful disregard for the safety of individuals or property.
Careless or bad driving in and of itself may not be sufficient to prove that someone is guilty of reckless driving. Whether or not a person committed an offense or reckless driving requires an examination of the circumstances that occurred at the time of the offense. Speeding in and of itself cannot constitute a reckless driving allegation or conviction in Orlando. However, if the individual was engaged in other acts at the time and was also speeding, this could constitute reckless driving.
Typically, the evidence in a reckless driving case relies entirely on a police officer’s testimony and unfortunately, police officers do make mistakes. In some situations, an officer witnesses what should have been a civil traffic offense, such as careless driving or speeding, but overcharges the driver with a criminal offense of reckless driving. Giving the significant consequences associated with a conviction of reckless driving, the police officer should not behave in this manner, but when they do, this should prompt you to retain a criminal defense attorney to protect you interests. Reckless driving charges are more frequently brought against male vehicle drivers between the ages of 17 and 24 years old. However, anyone in Orlando could be charged with this offense. The critical aspect of what makes reckless driving distinct from other types of criminal offenses is that the focus is the intent or the thought behind the driver’s actions rather than the actual behavior. This makes it extremely difficult for the state to prove that a defendant is guilty, even though reckless driving is a relatively common offense throughout Orlando.
There are four primary types of reckless driving in Florida. These include:
If you were found guilty of based on the offense that you were charged with, a first offense of reckless driving could lead to:
If you have a previous conviction on your record and are convicted of reckless driving, the penalties may include:
Reckless driving in situations in which property damage occurs leads to:
If you cause bodily injury and are convicted of reckless driving for it, the following penalties may be assessed:
The consequences for a conviction for reckless driving are serious and should not be taken lightly. You should not allow the police to run rough shot over your case by attempting to argue that you were driving recklessly if it was simply a careless action or a mistake. Your criminal defense attorney can investigate all of the aspects of your case and raise critical questions that could help protect you from these life changing consequences. Do not wait to get legal help from someone who cares.
Don’t take too long to reach out for help- the longer that you are without a lawyer or represented by someone you’re not confident in, the more problems you might face. An experienced attorney is your best asset during this challenging time in your life.
Reckless driving is about more than trying to keep your record clean- it’s also about protecting your reputation and your right to drive. When a conviction occurs, the consequences can add up quickly. For someone who may have made a small mistake or was wrongly accused of reckless driving, it can feel as though the conviction follows you for years to come. This can be one of the most difficult aspects of being accused and convicted of reckless driving because even after dealing with the penalties the situation still affects you for years to come.
Prosecutors will frequently rely on police testimony. However, what involves the perception of reckless driving from one officer may be distinct from another. This is why it is crucial that you have criminal defender in Orlando who knows the distinctions and can assist you with illustrating a case affectively.
The right Orlando reckless driving defense attorney can evaluate several factors in your case, such as whether or not someone was injured, whether an accident happened, whether alcohol or drugs were involved and whether there was any property damage. Furthermore, he or she may be able to illustrate that your case is simply a charge of careless driving or speeding rather than reckless driving.
The officer arresting you might have overstepped the bounds when charging you, but you might not know this. The officer may, in fact, be counting on your lack of knowledge in this situation. The officer may even try to discourage you from putting together a defense by making at seem as though the case against you is stacked and impossible for you to fight. To get an honest review of your case and a perspective over how to proceed, your lawyer must be retained immediately.
Successfully defending against a reckless driving charge requires a strategic approach. Our experienced legal team employs various defense strategies tailored to the specific circumstances of each case. Some common defenses include:
Your criminal defense attorney in Orlando should be familiar with the implications of a conviction and understand that these go beyond jail time or fines. No one wants to have their career reputation ruined or to be dealing with a permanent criminal record. Skilled legal guidance should be retained promptly so that you have a better perspective of what is going to happen over the course of your case.
Many people are not aware that because they were never placed under arrest by the police, that they are still committing a criminal offense if they have been cited for reckless driving. Running red lights, running stop signs, driving at high speeds, or driving in erratic manner may be components of reckless driving. However, speeding on its own will not be enough to elevate your charges to reckless driving.
Your attorney should be familiar with the laws and regulations surrounding reckless driving. Your lawyer should also be accessible so that you can get answers to your questions sooner rather than later. If you need help right away, your lawyer should be prepared to give you timely answers to your questions.
Navigating the legal complexities of a reckless driving charge in Florida requires the expertise of a skilled attorney. An attorney can provide invaluable assistance in the following ways:
One of the first things you need to do after being accused of a crime is to talk with a lawyer familiar with the laws in Florida regarding reckless driving. Your attorney should review the information about your arrest and use it to determine a defense strategy. Being alone during this process can be very overwhelming for someone accused of a crime, but having an attorney who has helped others like you in the past is necessary.
Your lawyer is your first line of defense with any criminal charges, including reckless driving. Make sure you find someone talented and dedicated to looking into every option to fight your case. This can give you the peace of mind to keep you focused over the course of your defense and empower you with many choices to fight these charges.
At Frost Law, we are committed to defending you on your careless or reckless driving charges. As a former prosecutor, Chad Frost prosecuted hundreds of reckless driving cases. He knows how the prosecution works and will help defend you to the fullest extent possible.
Call today for your Free Consultation 24/7 at (407) 670-5569.
Frost Law is a full-service law firm that focuses on Criminal Defense, DUI, Estate planning, Wills, Trusts & Asset Protection and Probate. Our Estate Planning options ensure that you have a comprehensive and effective plan in place for you and your loved ones.
Serving Orange County, Lake County, Seminole County, Osceola County, Brevard County & Polk County