Traffic Offenses
Orlando Reckless Driving Lawyer
Free, confidential consultations with former prosecutor Dan Sercombe, serving Orlando, Winter Park and communities across Central Florida.
Many people are surprised to learn that reckless driving is no ordinary traffic ticket. Even though officers usually do not arrest motorists for reckless driving, Section 316.192 is a criminal offense which can mean jail or even prison time. These infractions have serious collateral consequences as well, such as increased insurance premiums and drivers’ license suspension.
The dedicated Orlando careless driving lawyers at Sercombe Law routinely handle all types of criminal matters in Orange County and nearby jurisdictions. Criminal defense is our passion. In our system of justice, highly-skilled lawyers must stand up and protect individual rights. It is our privilege to stand up for your rights and, in so doing, prevent some or all of the harsh consequences of a reckless driving charge.
Types of Reckless Driving in Florida
Essentially, reckless driving is a “plus” traffic ticket. It is usually multiple violations along with some other element of risk. As outlined below, that additional element is often very subjective. Depending on the additional circumstances, reckless driving charges could take on several different forms:
- First Offense Reckless Driving: Most defendants face simple reckless driving charges, because even though they may have a prior criminal record, they have never been convicted of reckless driving before. A first offense could mean up to 90 days in jail and/or a $500 fine.
- Subsequent Offense Reckless Driving: If the defendant has at least one prior reckless driving conviction, the maximum direct penalty is six months in jail and a $50 to $500 fine. As in all reckless driving cases, drivers’ license suspension is almost a given in these cases.
- Reckless Driving/Property Damage: Possible penalties double if the defendant caused property damage, like a “fender-bender” traffic collision, while driving recklessly.
- Reckless Driving/Serious Bodily Injury: This offense is a third-degree felony (maximum five years in prison and/or $5,000 fine). SBI basically means putting someone in the hospital. Sometimes, after a car wreck, people go to the hospital, but they are treated and released. Many times, this outcome does not meet the definition of “serious bodily injury.”
If your license is suspended a reckless driving attorney may be able to get you an occupational drivers’ license. Typically, these licenses allow people to drive to and from work, to and from school, to and from the doctor, and so on.
What a Reckless Driving Defense Lawyer Can Do for You
Reckless driving is one of the most subjective infractions in Florida. This subjectivity makes it difficult to prove in court.
Not all reckless driving cases are like that. For example, some drivers weave in and out of traffic at high speeds. That conduct is arguably reckless. In situations like these, an Orlando reckless driving lawyer could negotiate a simple speeding or other type of plea.
But in most reckless driving cases, the aforementioned “plus” is quite intangible. Officers often elevate charges at the scene because they do not like the driver’s attitude. Other times, there may be some evidence of drug or alcohol use, but there is not enough evidence to press DUI charges. In these situations, reckless driving is basically a fallback provision. As such scant evidence is probably inadmissible, the outcome could be even more favorable.
Reckless driving cases are difficult to prove in court, so you’ll want to contact an experienced Orlando reckless driving lawyer right away.
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Our Offices
Winter Park
941 W Morse Blvd, Suite 100
Winter Park, FL 32789
Orlando
200 E. Robinson St., #1140
Orlando, FL 32801
Phone
321.214.4696
