What is Flagler County reckless driving? In Flagler County reckless driving is a criminal traffic offense. It is not a citation that can be paid by going to the clerk. If a reckless driving charge results in an adjudication of guilt the driver will have a criminal record that cannot be sealed or expunged. Reckless driving is defined by Florida Statute 316.192 as driving a vehicle in willful or wanton disregard for the safety of persons or property. The critical part of this statute foe defense purposes is the requirement that the act must be willful and that it must endanger person or property. The cases we see typically involve aggressive driving, cutting people off, racing, drinking (under the legal limit) or road rage. The difficulty the prosecutor has with many of these cases is bad driving alone is not sufficient to sustain a Palm Coast reckless driving conviction. The alleged bad driving must be willful. A careless driving charge is more forgiving for the state because they only must establish negligence and endangering person or property.
Reckless driving is a serious charge in Flagler County. Reckless driving is a hybrid second degree misdemeanor that allows punishment greater than the maximum punishment for second degree misdemeanors. Upon a first conviction the accused can be sentenced up to 90 days in jail, 6 months of probation and by a minimum fine of $25 up to a maximum of $500. While a $25 fine might sound small when court cost, cost of prosecution and cost of investigation are added in the actual cost is usually between just under $500 and $1,000 depending if the minimum or maximum fine is imposed. If serious bodily injury occurs the case can be charged as a third degree felony with a maximum punishment of 5 years in prison and a $5,000 fine. With a serious bodily injury case the prosecutor can add injury points and prison can be a realistic possibility. A Flagler County reckless driving charge is also enhanceable. A second or subsequent conviction is punishable by up to 180 days in jail, probation or a fine between $50 and $1,000. Call Flagler County reckless driving attorney Kevin J. Pitts at 386-451-5112 to set up a free consultation.
Flagler County Wet Reckless
In addition to any other penalties if the court has reasonable cause to believe that the use of alcohol, chemical substances or substances controlled under chapter 893 contributed to the reckless driving, the court shall direct the driver to complete a DUI program and substance abuse education course and evaluation with recommended treatment. The DUI program conducting the evaluation can refer the driver to a substance abuse treatment provider for substance abuse evaluation and treatment. If the driver does not complete the treatment the court shall suspend their driver’s license. Being accused of a crime is serious and a Flagler County reckless driving ticket can result in jail or probation with substantial conditions. The sanctions for a wet reckless in Flagler County are usually identical to a DUI with no action against the driver's license and no impound of the vehicle. These conditions are not mandatory by statute so negotiation is possible.
What Is Not Considered Reckless Driving In Flagler County?
Speeding alone is not sufficient for a reckless driving conviction. The evidence did not support finding of wanton disregard for safety of persons or property, and, thus, evidence was insufficient to convict the accused of reckless driving, even though the police officer estimated defendant's speed at 50 to 55 miles per hour in posted 35 mile per hour zone, where defendant had control of his vehicle, defendant's speed decreased as he approached the intersection, and traffic was light to moderate. Miller v. State, 636 So. 2d 144 (Fla. Dist. Ct. App. 1994). Evidence that automobile of defendant crossed the center line of the highway did not authorize an arrest for Florida reckless driving. A driver crossing the center line of the highway two or three times does not amount to reckless driving in Florida where there is no claim of speeding or driving on a curve or over a hill, at the time, or of heavy traffic. Graham v. State, 60 So.2d 186 (1952). If you are accused of a crime in Flagler County contact Daytona Beach criminal defense attorney Kevin J. Pitts today to set up a free consultation.