Orlando Reckless Driving Defense
Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Whether someone is actually driving with willful or wanton disregard for the safety of persons or property is obviously up for debate when it come to a trial. What is willful or wanton disregard?
First, What is Automatically Reckless Driving?
Fleeing a law enforcement officer in a motor vehicle is reckless driving per se. This means when the police say stop - stop. Crimes like this rely on what the police say happened regardless of what the accused has to say. Remember, a jury has to decide who is telling the truth - a police officer or someone accused of fleeing and eluding.
The Strange Misdemeanor
Reckless driving does not follow the normal misdemeanor penalties. Instead, reckless driving has tiered penalties that accumulate with each new reckless driving offense. Any person found guilty of reckless driving shall be punished, upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment. On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment. These would be Second Degree Misdemeanors even though they do not follow the typical penalties.
Enhancements for Property Damage or Injuries
If the reckless driving results in damage to the property or person of another the driver commits a First Degree Misdemeanor. If the reckless driving results in serious bodily injury to another the driver commits a Third Degree Felony. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Our Office...
We represent people accused of reckless driving. These cases are very subjective from the perspective of the police but often times do not amount to anything more than careless driving - a noncriminal traffic offense. Contact our office if you have questions or would like to set up a consultation.
Our consultations are always free.
