Reckless Driving

Reckless Driving Attorney in Melbourne, FL

If you have been charged with reckless driving in Brevard County, FL, your best protection is to retain an experienced criminal defense attorney at the earliest possible stage in your case. Reckless driving is among the most serious traffic charges that a person can face. In addition to the possibility of heavy fines, probation, and jail time in the criminal case, collateral consequences for a reckless driving conviction may include drivers license points as well as an increase in insurance premiums. The goal of a seasoned criminal defense attorney is to avoid a conviction for reckless driving, and to avoid or minimize all potential penalties.

What is “Reckless Driving”?

Under Florida Law, reckless driving is defined as driving a motor vehicle in “willful or wanton disregard for the safety of persons or property”.

“Willful” means intentionally, knowingly, and purposefully.
“Wanton” means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons and/or property.

The focus of the statute is on the mental state of the driver while driving the vehicle. Reckless driving can be a difficult crime to prove in court due to it’s subjective definition. Often, at trial a jury will be asked to determine a persons intent/mental state based solely on their driving pattern.

Penalties upon Conviction

Upon a first conviction for reckless driving, a person may face up to 90 days in the Brevard County Jail and/or up to a $500 fine.
Upon a second conviction for reckless driving, a person may face up to 180 days in the Brevard County Jail and/or up to a $1000 fine.
A person who commits the offense of Reckless Driving, and while doing so, causes
- a) property damage – commits a first degree misdemeanor, punishable by up to 1 year in the Brevard County Jail and/or a $1000 fine
- b) serious bodily injury to another – commits a third degree felony, punishable by up to 5 years imprisonment and/or a $5,000 fine.

Reckless Driving When Reduced From DUI

Sometimes, a conviction for reckless driving can be a positive outcome. When a person is arrested and charged with Driving Under the Influence (DUI), an attorney can successfully convince the assigned State Attorney to amend or reduce the charge to reckless driving as part of a negotiated plea bargain. Reducing the charge can avoid many of the mandatory minimum penalties commonly associated with a DUI conviction. For more information about DUI charges, click here.

Fighting a Reckless Driving Charge

Depending on the facts and circumstances of each case, an accused person may have valid defenses to this charge. For example, can it be shown that the accused was the driver of the vehicle? Did the driving pattern amount to willful or wanton disregard, or did the driver act only with carelessness or negligence? Are there any independent witness to the alleged conduct? An experienced criminal defense attorney will be able to sort through the facts of your case with a fine-toothed comb in order to find possible defenses.

The Canina Law Firm | Brevard County Criminal Lawyer

If you have been arrested or issued a citation for reckless driving in Brevard County, FL, you should immediately contact an aggressive Brevard criminal defense attorney who is experienced in handling these cases. At The Canina Law Firm, our firm sets itself apart from others in the level of dedication and personal service that we provide to our clients. Our attorneys are committed to defending our clients vigorously and to keeping them fully informed at every step of the way. With over five decades of combined experience defending against reckless driving charges in Florida, our attorneys will work hard to get you the best result possible. Contact our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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