316.192-3a1 MOVING TRAFFIC VIOLATION : RECKLESS DRIVING DAMAGE PERSON OR PROPERTY

Reckless Driving is different than careless driving by virtue of the fact that “careless” is civil negligence whereas “reckless” driving is criminal in nature. This is how recklessness is defined under Florida Statute 316.192(1):

“Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”

This variant of reckless carries a more serious sentence risk than simple reckless driving: up to a year in jail versus 90 days for simple reckless driving. 

So, what's the difference? 

First, there is damage alleged. If there is damage to a person or to property, the charge is upgraded to a first degree misdemeanor. However, if the damage is serious bodily injury to a person, then the charge can be upgraded to a felony of the third degree with a five (5) year maximum. 

Second, there is a fact which is often overlooked: the officer might have written the citation as a simple reckless but the prosecutor upgraded the charge. If the prosecutor decides the facts alleged justify an upgraded charge, then the charges will be upgraded no matter how much the defense objects. 

Finally, if one is charged with any variant of reckless driving, then the trial judge may impose a requirement of DUI sanctions if the judge believes alcohol or drugs were a contributing factor.