- Dorothy Naumann
- Indian River County, FL
How Florida defines reckless driving
Florida Statute 316.192 defines reckless driving as driving any vehicle in willful or wanton disregard for the safety of persons or property. The statute requires more than ordinary negligence. The conduct must be willful or wanton, meaning the driver was aware of a risk to others and consciously disregarded it.
Reckless driving is a separate offense from careless driving under Florida Statute 316.1925, which requires only a failure to drive in a careful and prudent manner. The distinction between reckless and careless driving is significant for both criminal penalties and insurance purposes.
Penalties for reckless driving under Florida law
A first conviction for reckless driving carries a fine of not less than $25 and not more than $500 and imprisonment for not more than ninety days under Florida Statute 316.192(2). A second or subsequent conviction carries a fine of not less than $50 and not more than $1,000 and imprisonment for not more than six months.
When reckless driving results in damage to the property or person of another, the offense is a first-degree misdemeanor, carrying a maximum of one year in county jail. When reckless driving causes serious bodily injury to another, the offense is a third-degree felony under Florida Statute 316.192(3)(c), carrying a maximum of five years in state prison.
Reckless driving and DUI charges
Reckless driving charges frequently arise in the context of DUI investigations. A person who is charged with DUI under Florida Statute 316.193 may also face a reckless driving charge based on the same conduct. Reckless driving and DUI are separate offenses under Florida law, though both involve vehicle operation that poses a risk to others.
The State Attorney has discretion in how to charge conduct arising from a traffic stop. The specific facts of the stop, the results of any sobriety testing, and the evidence available affect the charging decision.
Points and license consequences
A reckless driving conviction results in four points assessed against the driver’s license under Florida’s point system, established in Florida Statute 322.27. Accumulation of twelve or more points within twelve months results in a thirty-day license suspension. Eighteen points within eighteen months results in a three-month suspension. Twenty-four points within thirty-six months results in a one-year suspension.
A reckless driving conviction remains on a Florida driving record for ten years. Insurance carriers typically treat a reckless driving conviction as a significant risk factor affecting premiums.
Frequently asked questions
Is reckless driving a felony in Florida?
Reckless driving is generally a misdemeanor under Florida Statute 316.192. It becomes a third-degree felony when it causes serious bodily injury to another person, carrying a maximum of five years in state prison.
What is the difference between reckless and careless driving in Florida?
Reckless driving under Florida Statute 316.192 requires willful or wanton disregard for safety. Careless driving under Florida Statute 316.1925 requires only a failure to drive carefully and prudently. Reckless driving carries significantly greater penalties.
How many points is reckless driving in Florida?
A reckless driving conviction results in four points assessed against the driver’s license under Florida Statute 322.27. Accumulating too many points within a specified period results in mandatory license suspension.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.