Reckless Driving—Case Closed?

“Driving recklessly” is defined in Florida State law as driving with the intent to cause harm to others, or with “willful or wanton disregard” for the safety of other people. Because reckless driving is a criminal offense, an officer may arrest you on the spot if he/she deems your driving “reckless,” and conviction can entail steep penalties, including jail time.

Unlike speeding or DUI charges, which have precise boundaries (a speed limit; a limit on the allowable blood alcohol content) and tools to help officers gauge whether you’ve violated such boundaries (laser or radar devices that measure speed; breathalyzer devices that measure blood alcohol content), reckless driving can be charged entirely at the discretion of the officer observing the incident in question.

Your Word against Theirs

Because reckless driving statutes are vague, you may assume that an officer’s opinion indicating you were driving recklessly is as good as a conviction. You may also assume that your word doesn’t carry nearly as much weight in court as an officer’s might.

Both of these assumptions are incorrect. While Florida’s reckless driving statutes do leave room for interpretation, they have been better defined through a series of cases that have required officers to observe more specific criteria when making arrests for reckless driving.

Knowing and understanding this case history is the key to effectively challenging the officer’s opinion and claiming your right to a fair trial. With 27 years of experience, and thousands of cases resolved, we what points to challenge and which cases to reference to help you fight reckless driving charges.

If you’ve been charged with reckless driving in Miami or the State of Florida, contact us today for a free consultation.

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