Miami, Florida Reckless Driving Lawyer

Experienced Lawyer Defending Against Reckless Driving Charges in Miami

Of the different traffic violations that people may face in Florida, reckless driving is among the most serious. People who are convicted of this offense may face significant legal consequences, including fines, license suspension, and even jail time. Unlike a simple speeding ticket or moving violation, reckless driving is considered a criminal charge, which means a conviction can result in a permanent criminal record.

Many drivers who are charged with reckless driving do not realize that the law is open to interpretation. The circumstances surrounding an arrest can greatly impact a case, especially when law enforcement officers issue reckless driving citations based on subjective judgments. The Miami reckless driving defense lawyer at The Hoffman Firm can analyze the details of a case and work to reduce or dismiss the charges.

How Florida Law Defines Reckless Driving

A person may be charged with reckless driving if they operate a motor vehicle in a way that shows a disregard for the safety of others. To be convicted, the prosecution will typically need to prove that a driver was intentionally engaging in dangerous behavior and knew that their actions were likely to result in a car accident or another situation that could cause serious injuries or property damage.

The difference between reckless driving and other traffic infractions, such as careless driving, is the level of indifference that a person has shown. Careless driving, which is a civil offense, occurs when a driver operates a vehicle in an unsafe manner rather than acting carefully and prudently and taking all possible measures to avoid endangering others. Reckless driving, on the other hand, requires some level of deliberate disregard for other people's safety.

Examples of Reckless Driving in Miami

Drivers in Miami may face reckless driving charges in various situations, including:

• Excessive Speeding: While speeding alone may not be considered reckless driving, driving at dangerously high speeds—especially in heavy traffic or residential areas—may lead to a reckless driving charge.
• Weaving Through Traffic: Aggressively changing lanes at high speeds or cutting off other drivers can be considered reckless.
• Street Racing: Participating in an unauthorized race on public roads is illegal and often leads to reckless driving charges.
• Fleeing Law Enforcement: Attempting to evade a traffic stop or engaging in a high-speed pursuit is considered reckless driving under Florida law.
• Driving Under the Influence: While DUI charges may apply if there is evidence that a person operated a vehicle while under the influence of alcohol or drugs, reckless driving charges may be added if a driver's actions posed an extreme danger to others. In some cases, it may be possible to have a DUI charge reduced to reckless driving, which is known as a "wet reckless."
• Road Rage Incidents: Engaging in aggressive driving behaviors, such as tailgating, brake-checking, or forcing another vehicle off the road, can be considered reckless driving.

Penalties for Reckless Driving in Florida

Depending on whether a person is charged with reckless driving for the first time or whether they have caused harm to others, reckless driving may be either a misdemeanor or felony offense. In most cases, a first offense of reckless driving may result in a sentence of up to 90 days in jail and a fine of between $25 and $500. For a second offense, the penalties increase to a maximum of six months in jail and a fine of $50 to $1,000.

In cases where reckless driving results in property damage or harm to one or more other people, a person may be charged with a first-degree misdemeanor, and they could be sentenced to up to one year in jail. If reckless driving allegedly caused someone to suffer serious bodily harm, it will be charged as a third-degree felony, with a potential sentence of up to five years in prison and a maximum fine of $500.

Contact Our Miami, FL Reckless Driving Defense Lawyer

Reckless driving is a criminal offense that will not only lead to penalties that could affect your driver's license and your insurance rates, but a conviction may result in prison time, high fines, and a criminal record. When you have been arrested for this offense, taking legal action as soon as possible is crucial to help protect your driving record and avoid serious penalties. At The Hoffman Firm, our attorney is ready to work with you to determine the best defense strategy for your unique situation. Contact us and arrange a free consultation by calling our office at 305-249-0090.