Motorists involved in car crashes sometimes receive traffic tickets. Police officers evaluate what occurred, determine if a traffic violation played a role in the crash and issue a ticket if necessary.
In particularly serious scenarios, drivers involved in collisions could face reckless driving charges instead of receiving a minor traffic ticket. The more serious the collision is, the more severe reckless driving charges may become.
Unlike speeding or failing to yield in traffic, reckless driving is a misdemeanor or felony offense, not a simple civil violation. The severity of a crash often determines what charges prosecutors bring when they claim that reckless driving caused a collision.
How the state assesses reckless driving
Reckless driving occurs when someone ignores the safety of others and engages in conduct that reasonable people recognize could cause property damage or injuries. State prosecutors can bring both felony and misdemeanor reckless driving charges in certain situations.
Although a reckless driving charge can be a second-degree misdemeanor offense, causing injury or property damage increases the charges and penalties. The baseline penalties for reckless driving are up to $5000 in fines and 90 days in jail. If the situation involves property damage, the prosecutor can bring first-degree misdemeanor charges that carry up to $1,000 in fines and a year in jail.
If the incident caused serious bodily injury, then the offense becomes a third-degree felony. Drivers may face up to $5,000 in fines and five years in prison. They also have a criminal record that turns up whenever they apply for a job, which can limit their opportunities in the future.
How drivers can respond
Motorists accused of reckless driving could face both civil liability for the consequences of the crash and criminal penalties that vary depending on the charges the prosecutor pursues. Motorists facing reckless driving allegations have the right to retain a criminal defense attorney.
They can work with a lawyer to negotiate a plea deal that reduces the reckless driving charge to a traffic violation. They could also work with an attorney to prove that police officers failed to adequately assess the situation and reached an incorrect conclusion about what transpired.
Reviewing a collision report and other key details about a wreck with a criminal defense attorney can be a smart decision for those accused of reckless driving in Florida. Motorists can work to avoid the worst penalties possible when an attorney helps them respond to allegations of reckless driving.