Miami, Florida Reckless Driving Attorney

Lawyer for Reckless or Careless Driving Charges in Miami, FL

Certain types of traffic offenses are more serious than simple violations or infractions. Traffic crimes can lead to jail time, substantial fines, driver's license suspension, and a permanent criminal record. Reckless driving is a criminal offense that could potentially result in incarceration. These charges can devastate a person's employment prospects, particularly if they work in a job that requires driving. The consequences may also include increased insurance rates, points on a person's driving record, and the loss of driving privileges.

At Stroleny Law: Criminal Defense Attorney, we work with people who are facing reckless driving charges or other traffic offenses in Miami. Our attorney understands the traffic laws that may affect drivers, the circumstances that can lead to criminal charges, and the defense strategies that may be used to challenge these serious accusations. Reckless driving charges may sometimes be based on police officer overreach, misinterpretation of a person's driving behaviors, emergency circumstances, or other situations. He can advocate against a conviction that would lead to serious penalties.

Reckless Driving Charges in Florida

The offense of reckless driving is addressed in Florida Statutes § 316.192. When a person is accused of driving a vehicle in a dangerous manner that shows disregard for public safety, they could be charged with this offense. This definition focuses on the mental state of the driver and the danger created by their behavior rather than on specific actions or speeds.

The distinction between reckless driving and careless driving is significant. Careless driving involves a failure to be careful and prudent when operating a vehicle. Reckless driving, on the other hand, may apply if a person acted in a "willful and wanton" manner, ignoring the possibility that their actions could lead to injuries for others or damage to property. Reckless driving is a criminal offense, while careless driving is typically a civil infraction carrying lesser penalties.

Law enforcement officers have broad discretion when determining whether a person's driving behavior rose to the level of reckless driving. The same conduct might be charged as reckless driving by one officer or cited as a speeding violation or other infraction by another officer. This discretion means that factors such as officer judgment, the specific circumstances of a case, and whether accidents or injuries occurred may influence charging decisions.

Actions That Could Lead to Reckless Driving Charges

Excessive speeding is one of the most common reasons for reckless driving charges. Speeds that are much higher than the posted speed limits could lead to arrests for reckless driving. Traveling 30 to 50 mph over the speed limit could potentially result in criminal charges. Traveling 50 miles per hour over the speed limit or at a speed higher than 100 mph could result in charges of aggravated speeding.

Weaving through traffic at high speeds may combine speeding with dangerous lane changes, and it could create risks forother motorists. Drivers who rapidly change lanes without signaling, who cut off other vehicles, or who force other drivers to brake suddenly to avoid collisions could be charged with reckless driving.

Tailgating, in which a driver maintains a dangerously short distance behind another vehicle, is another potential reason for reckless driving charges. If this offense was allegedly combined with other aggressive behaviors, such as flashing headlights, honking, or attempting to intimidate other drivers, a person may be more likely to be charged with reckless driving.

Running red lights or stop signs at high speeds can demonstrate a disregard for safety. An officer who allegedly observed a driver ignoring traffic control devices may stop and arrest the person for reckless driving.

Passing on shoulders or in emergency lanes to avoid traffic can endanger other motorists and emergency vehicles. Using shoulders to pass stopped or slow-moving traffic may be seen as a willful disregard for traffic laws and safety. Reckless driving charges could apply in these situations.

Driving while distracted in ways that create danger, such as watching videos, checking or sending text messages, or engaging in other activities that take a person's attention away from the road, can lead to reckless driving charges. These charges may apply if a person allegedly caused an accident because of distracted driving or if an officer observed a driver who was using their phone while behind the wheel.

Wrong-way driving on highways, one-way streets, or in parking lots creates extreme danger, and it may result in reckless driving charges. Due to the level of danger involved in wrong-way driving, this may be seen as a willful disregard of safety, even if a driver was confused about the proper direction of a road.

Street racing may involve competitive driving, fast acceleration, or other unsafe actions on public roads. While street racing is a separate criminal offense, it could be paired with reckless driving charges.

Fleeing from law enforcement is often regarded as a willful disregard for safety. If a person is accused of trying to escape a police officer by driving away from a traffic stop or failing to stop when requested, they could face charges of reckless driving in addition to fleeing and eluding. The combination of these offenses can lead to enhanced penalties.

Penalties for Reckless Driving Convictions

Reckless driving is a criminal offense. A first reckless driving offense may result in penalties that include a jail sentence lasting for up to 90 days and fines ranging from $25 to $500. If a person had previously been convicted of reckless driving, an additional offense may result in a jail sentence lasting for up to six months and fines of between $50 and $1,000.

When reckless driving allegedly resulted in damage to someone else's property or injuries to others, the penalties can increase substantially. In these cases, misdemeanor or felony charges may apply. Reckless driving that led to damage to property, including a vehicle, a building, a bicycle, or anything else of value, a person face first-degree misdemeanor charges, with penalties that may include a maximum one-year jail sentence and a maximum fine of $1,000. If serious injuries occurred because of reckless driving, a person could be charged with a third-degree felony, and they could face a potential five-year prison sentence and fines of up to $5,000.

Defense Strategies in Reckless Driving Cases

Our attorney can closely review a case to determine the best options for defense against reckless driving charges. He may challenge whether a person actually demonstrated willful or wanton recklessness. He may present evidence showing that driving could be considered careless or involved traffic violations, but it did not rise to the level of criminal recklessness.

Emergency circumstances may justify aggressive driving in some cases. Drivers who swerve suddenly to avoid collisions, who speed to escape dangerous situations, or who take evasive action to prevent accidents may have a valid defense against reckless driving charges. Our lawyer will gather evidence of the circumstances that led to a person's behavior to show that it was justified.

An officer's observations and conclusions may be challenged. Officers may sometimes exaggerate the danger of a person's actions, or they may have had a limited vantage point when they observed the incident. Our attorney can obtain witness testimony, video evidence, and other evidence that may contradict an officer's account.

Mechanical failures or vehicle defects may explain driving behavior that appeared reckless but was actually caused by equipment problems. Brake failures, tire blowouts, steering malfunctions, or accelerator problems can cause erratic driving that was not willful. Our lawyer may present evidence from vehicle inspections and repair records to show that a person's actions were not reckless.

Medical emergencies or sudden health issues may have been the reasons for a person's driving behavior. Drivers who experience heart attacks, strokes, diabetic episodes, or other medical crises may lose control of vehicles through no fault of their own. Our attorney can obtain medical records documenting emergency conditions.

Our lawyer may take steps to negotiate reductions to lesser charges and protect clients from criminal convictions that could result in criminal records and other penalties. He can work with prosecutors to reduce reckless driving to civil infractions such as careless driving or speeding when evidence does not clearly support a criminal charge.

Contact Our Miami Reckless Driving Lawyer

Reckless driving charges can threaten your driving privileges and your future. A criminal conviction may affect your employment, insurance rates, and numerous other aspects of your life. Stroleny Law: Criminal Defense Attorney can take steps to protect your rights and help you resolve your case while avoiding a criminal conviction. Contact our Miami, FL reckless driving defense attorney at 305-615-1285 to arrange a free consultation.