Reckless Driving Offense Lawyer
Reckless Driving has a broad range of charges that can be
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Reckless Driving Laws by Statute
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316.192 Reckless driving.--
(1) Any person who drives any vehicle in willful or wanton
disregard for the safety of persons or property is guilty of
reckless driving.
(2) Except as provided in subsection (3), any person convicted of
reckless driving shall be punished:
(a) Upon a first conviction, by imprisonment for a period of not
more than 90 days or by fine of not less than $25 nor more than
$500, or by both such fine and imprisonment.
(b) On a second or subsequent conviction, by imprisonment for not
more than 6 months or by a fine of not less than $50 nor more than
$1,000, or by both such fine and imprisonment.
(3) Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vehicle; and
(c) Who, by reason of such operation, causes:
1. Damage to the property or person of another commits a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
2. Serious bodily injury to another commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084. The term "serious bodily injury" means an injury to
another person, which consists of a physical condition that
creates a substantial risk of death, serious personal
disfigurement, or protracted loss or impairment of the function of
any bodily member or organ.
(4) Notwithstanding any other provision of this section, $5 shall
be added to a fine imposed pursuant to this section. The clerk
shall remit the $5 to the Department of Revenue for deposit in the
Emergency Medical Services Trust Fund.
(5) In addition to any other penalty provided under this section,
if the court has reasonable cause to believe that the use of
alcohol, chemical substances set forth in s. 877.111, or
substances controlled under chapter 893 contributed to a violation
of this section, the court shall direct the person so convicted to
complete a DUI program substance abuse education course and
evaluation as provided in s. 316.193(5) within a reasonable period
of time specified by the court. If the DUI program conducting such
course and evaluation refers the person to an authorized substance
abuse treatment provider for substance abuse evaluation and
treatment, the directive of the court requiring completion of such
course, evaluation, and treatment shall be enforced as provided in
s. 322.245. The referral to treatment resulting from the DUI
program evaluation may not be waived without a supporting
independent psychosocial evaluation conducted by an authorized
substance abuse treatment provider, appointed by the court, which
shall have access to the DUI program psychosocial evaluation
before the independent psychosocial evaluation is conducted. The
court shall review the results and recommendations of both
evaluations before determining the request for waiver. The
offender shall bear the full cost of this procedure. If a person
directed to a DUI program substance abuse education course and
evaluation or referred to treatment under this subsection fails to
report for or complete such course, evaluation, or treatment, the
DUI program shall notify the court and the department of the
failure. Upon receipt of such notice, the department shall cancel
the person's driving privilege, notwithstanding the terms of the
court order or any suspension or revocation of the driving
privilege. The department may reinstate the driving privilege upon
verification from the DUI program that the education, evaluation,
and treatment are completed. The department may temporarily
reinstate the driving privilege on a restricted basis upon
verification that the offender is currently participating in
treatment and has completed the DUI education course and
evaluation requirement. If the DUI program notifies the department
of the second failure to complete treatment, the department shall
reinstate the driving privilege only after notice of successful
completion of treatment from the DUI program.
History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 23, ch. 85-167; s.
1, ch. 85-337; s. 1, ch. 88-5; s. 17, ch. 91-255; s. 31, ch.
92-78; s. 10, ch. 94-306; s. 4, ch. 99-234; s. 9, ch. 2001-122; s.
1, ch. 2001-147.
Note.--Former s. 316.029.
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