Fort Lauderdale Reckless Driving Defense Attorney

Lawyer for Criminal Charges Related to Reckless Driving in Fort Lauderdale, FL

A reckless driving charge in Florida is more serious than just a traffic ticket. Reckless driving is a criminal offense that can lead to jail time, license suspension, steep fines, and a permanent mark on a person's criminal record. Prosecutors take allegations of reckless driving seriously, especially when the incident involves excessive speed, property damage, or risk to pedestrians and other motorists. Because of the potential consequences, it is critical to work with an attorney to address a reckless driving charge and defend against a conviction.

At The Hoffman Firm, our lawyer defends people in Fort Lauderdale who have been accused of reckless driving. We work to protect clients from the consequences of a criminal conviction by challenging the prosecution's evidence, negotiating for reduced charges, or seeking dismissals where appropriate. Our attorney will fight for the best possible outcome while protecting a client's rights and driving privileges.

Charges of Reckless Driving in Florida?

Under Florida Statutes § 316.192, reckless driving involves the operation of a motor vehicle in a way that shows a disregard for the safety of other people or a failure to consider how unsafe driving could lead to property damage. This charge may apply if a person was willfully reckless, understanding the risks of their actions and ignoring the potential safety concerns. The law distinguishes reckless driving from careless driving, which is a civil infraction. Reckless driving requires a higher level of intent or indifference to potential harm.

A prosecutor must prove that the driver acted not just carelessly, but in a manner that showed a conscious disregard for safety. Law enforcement officials and prosecutors may base charges on the specific facts of a case and the perceived danger of the driver's behavior.

Situations That May Lead to Reckless Driving Charges

There are many different reasons why a person may be arrested and charged with reckless driving, including:

• Driving at extremely high speeds, especially in residential areas or near schools
• Weaving in and out of traffic without signaling
• Running red lights or stop signs in a way that endangers pedestrians or other drivers
• Street racing on public roads
• Evading or fleeing from law enforcement
• Aggressive driving due to road rage, such as tailgating or intentionally blocking other vehicles

Penalties for Reckless Driving in Florida

Reckless driving is a misdemeanor criminal offense in Florida. The penalties depend on whether a person had been convicted of reckless driving in the past and whether the incident caused property damage or injuries. Most of the time, a first offense can be penalized by fines ranging from $25 to $500 and/or a sentence of up to 90 days in jail.

For a second or subsequent offense, fines may range from $50 to $1,000, and the maximum jail sentence will increase to six months. In cases where reckless driving allegedly caused property damage, a person may be charged with a first-degree misdemeanor, which could lead to a sentence of up to one year in jail. Reckless driving that allegedly led to a serious injury is a third-degree felony, and a conviction could result in a prison sentence as high as five years.

Defense Strategies for Reckless Driving Charges

Our attorney can work with clients to determine what steps to take to avoid a conviction, reduce the charge to a less serious offense such as careless driving, or limit the penalties that may apply. Some of the available defense strategies may include:

• Challenging the Definition of Recklessness: Reckless driving charges will be based on a "willful or wanton disregard" for safety. Our lawyer may argue that a person's conduct did not rise to the level of recklessness. Charges may be reduced if an offense involved a momentary lapse in judgment and injuries or property damage occurred.
• Disputing the Officer's Observations: In many cases, reckless driving charges are based on a police officer's subjective opinions. Our attorney can cross-examine the officer's account and present evidence like traffic camera footage, GPS data, or eyewitness statements that contradict the claims of reckless behavior.
• Lack of Evidence: If the prosecution does not have clear evidence showing that the defendant endangered other people or property, our lawyer may argue for a dismissal. We will review all available evidence, including police reports, accident reconstructions, and video recordings, to identify weaknesses in the prosecution's case.
• Negotiating a Reduction to Careless Driving: If a full dismissal is not possible, our attorney may take steps to have the charges reduced to careless driving, a non-criminal traffic infraction. This can help a person avoid a criminal record while significantly reducing the penalties.
• Medical Emergency or Necessity: Reckless driving may be justified due to a medical emergency or urgent necessity. If the driver was responding to a crisis or attempting to prevent harm, our lawyer may raise this as a defense.
• Driver Identity Disputes: In some cases, especially those involving crashes or police chases, there may be uncertainty about who was actually driving a vehicle when reckless driving allegedly occurred. If the prosecution cannot prove the identity of the driver beyond a reasonable doubt, the charge may not hold.

Contact Our Fort Lauderdale, Florida Reckless Driving Lawyer

Reckless driving is a criminal offense with serious penalties. At The Hoffman Firm, our lawyer can help fight charges of reckless driving while protecting your driving privileges and safeguarding your future. Contact our Fort Lauderdale reckless driving attorney and schedule a free consultation by calling 954-524-4474.