Reckless driving charges in Florida

This page covers reckless driving charges in Palm Beach, Broward, Miami-Dade and Martin counties: what the State has to prove, the penalties, what happens to the license, how the case moves through county court and what it means for the record. Mr. Mead's other practice areas are listed on the criminal defense practice areas page. Every number below comes from a statute, court rule, court, clerk or state agency listed under Sources.

What makes driving "reckless" under Florida law?

The definition is one sentence: "Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving" (s. 316.192(1)(a)). The key words are "willful or wanton." A lapse in attention, a misjudged turn or an ordinary fender bender is usually not enough on its own; the State has to show a conscious disregard for safety. Speed, weaving, near misses, the road, the time of day and what the driver said all become evidence on that point.

Florida also has lesser driving offenses. Careless driving is failing to drive "in a careful and prudent manner," and the driver is "cited for a moving violation, punishable as provided in chapter 318" (s. 316.1925), not charged with a crime. Aggressive careless driving is defined as committing two or more listed acts, such as unsafe lane changes, following too closely and failing to yield, at the same time or in succession (s. 316.1923). The line between the criminal charge and the civil one is drawn in more detail in reckless versus careless driving.

One rule surprises people: "Fleeing a law enforcement officer in a motor vehicle is reckless driving per se" (s. 316.192(1)(b)). Fleeing is also a separate and more serious offense, explained in the penalty for fleeing or eluding police.

What are the penalties for reckless driving?

"Serious bodily injury" has its own definition in the statute: an injury that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of a bodily member or organ (s. 316.192(3)(c)2.). Whether an injury meets that definition is often the most important fact in a crash case, because it decides whether the case stays in county court or becomes a felony in circuit court.

How does a reckless driving case move, step by step?

1. The citation or arrest. An officer may write a criminal citation with a court date or make an arrest, depending on the facts.
2. No payment window. The Palm Beach Clerk lists criminal traffic citations among the tickets that cannot be paid online, and the Broward Clerk says a criminal traffic charge "requires a court appearance." The 11th Circuit says criminal traffic cases, reckless driving included, "require a court hearing."
3. Arraignment. A lawyer may file a written plea of not guilty at or before arraignment, which waives the arraignment (Fla. R. Crim. P. 3.160(a)); the details are in whether you have to go to your arraignment.
4. Discovery and negotiation. The defense gets the reports, video and witness information, and the parties may discuss a resolution.
5. Plea or trial. If there is a plea, the judge must confirm on the record that the defendant understands the charge, the maximum possible penalty and the rights given up (Rule 3.172(c)).
6. Sentence and FLHSMV. The court sentences, and the disposition is reported to FLHSMV, which assigns points and, within 10 days of the notice of disposition, sends notice of any driver improvement course requirement (s. 322.0261(4)).

Where is the case heard in each county?

• Palm Beach County (15th Circuit). The State Attorney's Office says misdemeanor, criminal traffic and DUI arraignments are held weekly at the South County Courthouse in Delray Beach and at the North County Courthouse in Palm Beach Gardens, where non-jury trials are also held. The Delray Beach building is described in what to expect at the South County Courthouse.
• Broward County (17th Circuit). The Clerk says a criminal traffic or misdemeanor charge requires a court appearance, and a person who cannot attend a scheduled date must contact the Clerk's Office in person or in writing and fill out a Defendant Request Form for the judge. A driver who lives outside Broward, Miami-Dade and Palm Beach may ask, in writing, for a "plea by mail," but not to plead not guilty.
• Miami-Dade County (11th Circuit). Civil traffic cases go to hearing officers, while criminal traffic cases need a court hearing. The Public Defender says bond hearings for misdemeanor and criminal traffic arrests are held at the Gerstein Justice Building, Courtroom 5-3, weekdays at 9 a.m. and 1:30 p.m.
• Martin County (19th Circuit). The 19th Circuit lists the Martin County Courthouse at 100 SE Ocean Blvd., Stuart, FL 34994.

A felony reckless driving charge, the serious bodily injury version, goes to circuit court instead.

What happens to my license and my record?

A reckless driving conviction is worth 4 points (s. 322.27(3)(d)1.), and FLHSMV's own points chart lists reckless driving at 4. Points stay on the driver record for at least five years from the date of conviction, according to FLHSMV, and the suspensions start at 12 points in 12 months (up to 30 days), 18 points in 18 months (up to 3 months) and 24 points in 36 months (up to 1 year) (s. 322.27(3)(a) to (c)). The full point system is explained in how many points before a Florida license is suspended.

Reckless driving also counts toward the habitual traffic offender designation, which can follow 15 convictions for point-carrying moving offenses within 5 years (s. 322.264(2)) and means a revocation with no new license for at least 5 years, except as s. 322.271 allows (s. 322.27(5)(a)). That designation is covered in what makes a habitual traffic offender. And if a license is revoked after a reckless driving conviction, the driver must show proof of enrollment in an advanced driver improvement course or a DUI program substance abuse education course before reinstatement (s. 322.291(1)(a)5.).

For the criminal record, the difference between a conviction and a withhold of adjudication is large. Court-ordered sealing requires, among other things, that the person was not adjudicated guilty in the case and has never been adjudicated guilty of a criminal offense in Florida before (s. 943.059(1)(b), (c)). Reckless driving is not on the list of offenses in s. 943.0584 that can never be sealed or expunged. A dismissed case may qualify for expunction under s. 943.0585(1)(b). The outcomes are compared in what a withhold of adjudication means. The full test is in whether you can seal or expunge your record.

How does reckless driving connect to a DUI case?

A reckless driving plea sometimes comes up in DUI cases, but Florida limits it. A judge may not accept a plea of guilty to a lesser offense from a person whose breath or blood test showed 0.15 or more (s. 316.656(2)(a)), or who is charged with a DUI under s. 316.193(3), which covers DUI with damage or injury (s. 316.656(2)(b)). If the court has reasonable cause to believe alcohol or drugs contributed to a reckless driving violation, it must direct the person convicted to complete a DUI program course and evaluation (s. 316.192(5)). The details, including the Palm Beach first-time program, are in whether a DUI can be reduced to reckless driving.

What changes the answer?

• Harm. No harm, property damage or injury, or serious bodily injury moves the charge from the base penalty to a first-degree misdemeanor or a third-degree felony (s. 316.192(3)).
• Priors. A second or later conviction raises the ceiling to 6 months and $1,000 (s. 316.192(2)(b)), and a prior adjudication can block sealing (s. 943.059(1)(b)).
• Fleeing. Fleeing an officer is reckless driving per se (s. 316.192(1)(b)) and can be charged separately.
• Racing or a takeover. Racing and street takeovers are charged under their own statute; see street racing offenses.
• Alcohol or drugs. These trigger the DUI program requirement (s. 316.192(5)) and, in a DUI case, the plea limits in s. 316.656(2).
• Withhold or conviction. A withhold avoids the automatic driver improvement course unless the court orders it (s. 322.0261(4)(b)) and keeps sealing possible (s. 943.059).
• An out-of-state conviction. A conviction in another state for conduct that would violate Florida's traffic laws may be recorded with the same points (s. 322.27(3)(e)).

A worked example

For example, take a hypothetical Coral Springs driver cited for reckless driving after weaving through traffic on the Sawgrass Expressway and clipping another car's mirror. Because there was damage to another person's property, the charge is a first-degree misdemeanor under s. 316.192(3)(c)1., not the base offense. His lawyer files a written plea of not guilty, which waives the arraignment (Rule 3.160(a)), and asks for the dash camera video and the crash report. If the case later resolves with a withhold of adjudication, s. 322.0261(4)(b) means no automatic driver improvement course unless the judge finds one necessary, and he has no prior adjudications, so sealing under s. 943.059 remains possible. A conviction instead would bring the automatic course requirement under s. 322.0261(4)(a) and rule out sealing under s. 943.059(1)(c), along with the 4 points in s. 322.27(3)(d)1. This is a hypothetical walk-through of the statutes, not a client's case or a prediction.

Common mistakes with a reckless driving charge

• Treating the citation like a speeding ticket and waiting for a bill; a criminal traffic charge needs a court appearance.
• Missing the arraignment, which can lead to a warrant and a license suspension, as explained in what happens if you miss a court date.
• Pleading at the first date without asking whether a withhold is possible, since adjudication controls sealing (s. 943.059(1)(c)).
• Ignoring the FLHSMV driver improvement notice; the license is canceled if the course is not done within 90 days (s. 322.0261(4)(a)).
• Talking at length to the officer about speed or drinking at the scene.
• Assuming the other driver's insurance claim settles the criminal case; the State Attorney decides whether to proceed.

What to do this week

1. Read the citation for the statute number, the court date and the courthouse.
2. Check your driver record and points with FLHSMV.
3. Write down what happened, the route and any witnesses while you still remember.
4. Keep any photos, dash camera files or repair estimates.
5. Do not post about the incident or contact the other driver about the case.
6. Talk with a defense lawyer before the arraignment date.

Questions clients ask about reckless driving

The charge itself

• Reckless or careless on the ticket: the difference between reckless and careless driving.
• Not sure it is criminal: whether a traffic ticket is criminal or civil.
• A race or a speed contest: street racing offenses.
• A takeover, donuts or stunt driving: Florida's street takeover law.
• Police say you did not stop: the penalty for fleeing or eluding.
• Someone drove off after a crash: leaving the scene of an accident.
• Every criminal traffic charge: traffic criminal citations.

DUI and reckless driving

• A DUI plea offer: whether a DUI can be reduced to reckless driving.
• A DUI with a crash: what happens when a DUI involves a crash.
• The DUI side of the numbers: Florida DUI penalties.
• A court-ordered course: where to take DUI school in Palm Beach or Broward.

The license

• Points adding up: how many points before a suspension.
• Already suspended: whether driving on a suspended license is a crime.
• Several driving convictions: what makes a habitual traffic offender.
• A civil ticket instead: whether to pay or fight a traffic ticket.
• Everyday citations: traffic tickets.

Court and the outcome

• The first court date: do I have to go to my arraignment.
• A date already missed: what happens if you miss a court date.
• What police may do at the stop: your rights during a police stop.
• An offer with a withhold: what a withhold of adjudication means.
• Not a U.S. citizen: how a plea can affect immigration status.
• English is not your first language: whether you get a court interpreter.
• Other misdemeanor charges: misdemeanor charges in South Florida.

The record afterward

• Can it be cleared: sealing and expunction eligibility.
• Ready to file: sealing or expunging a record, step by step.
• The whole process: records sealing and expungement.

Serving Palm Beach, Broward, Miami-Dade and Martin counties

• Criminal and traffic cases in Palm Beach County.
• The office is in Boca Raton: Boca Raton DUI and criminal defense.
• Criminal and traffic cases in Broward County.
• Criminal and traffic cases in Miami-Dade County.
• Criminal and traffic cases in Martin County.

Frequently asked questions

Is reckless driving a misdemeanor in Florida?

Yes. Florida defines a misdemeanor as a criminal offense punishable by no more than 1 year in a county jail (s. 775.08(2)), and the base offense carries up to 90 days, or 6 months for a repeat conviction (s. 316.192(2)). With damage to another's property or person it is a first-degree misdemeanor, and with serious bodily injury a third-degree felony (s. 316.192(3)).

Can I just pay a reckless driving ticket?

No. It is a criminal charge, the Palm Beach Clerk does not take online payment for criminal traffic citations, and the Broward Clerk requires a court appearance.

Can I take traffic school to avoid the points?

The Palm Beach Clerk says criminal citations are not eligible for the traffic school election. The driver improvement course in s. 322.0261(4) is a separate requirement after a conviction or no contest plea, not a way to avoid points.

Does a reckless driving charge suspend my license?

Not automatically on its own. The 4 points can lead to a suspension when they add up (s. 322.27(3)), FLHSMV may suspend after a conviction for a crash with injury or more than $500 in damage (s. 322.27(1)(b)), and the license is canceled if a required course is not completed.

Can reckless driving be sealed?

It can be eligible if adjudication was withheld and the other conditions in s. 943.059 are met, since reckless driving is not on the ineligible list in s. 943.0584.

Does a reckless driving charge go to a jury?

A defendant can plead not guilty and ask for a trial. In Palm Beach County, the State Attorney's Office says misdemeanor cases are transferred to the main courthouse in West Palm Beach when a jury trial is requested, even if they began at a branch courthouse.

How can Mr. Mead help?

Charles B. Mead, Jr. has spent more than three decades defending people in South Florida courts. On a reckless driving charge, that means testing the "willful or wanton" element against the evidence, checking whether a crash or injury really fits the higher degrees, asking about a withhold of adjudication, and explaining what each outcome would do to the license and the record. Every case is different, and no result can be promised. The office is in Boca Raton, the consultation is free, and you can call (561) 362-6677 24 hours a day.

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