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Reckless Driving Defenses in Florida

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Reckless driving is one of the most common offenses in Florida. Due to the fact that this crime is so common, many people think it is not serious and those charged will simply face a minor traffic infraction. This is not true.

Reckless driving can be charged as either a misdemeanor or felony in the Sunshine State, and even the most minor of these can result in jail time for a convicted individual. For this reason, it is critical that anyone charged with reckless driving in the state speaks to a criminal defense lawyer that can help them build a strong case against the charges.

What is Reckless Driving in Florida?

To successfully pursue a conviction for reckless driving charges, the prosecution must prove two elements of their case. It is important to know what these elements are so anyone accused can defend against them. The prosecution must first prove the accused was driving at the time. The prosecution must then establish that the accused was driving in such a manner that displayed a wanton or willful disregard for the safety of others, or another person’s property.

Many people think that a simple act of negligence is enough to be convicted of reckless driving, but that is also not true. Carelessness is not enough to convict someone of a crime, and even speeding alone is not enough to prove that someone was driving recklessly.

Reckless Driving Defenses in Florida

While facing reckless driving charges is very scary, not everyone charged is convicted. The most common defenses in the state are as follows:

  • The accused was not driving: As the prosecution must prove the accused was driving at the time, when a person can show they were not in control of the vehicle, it provides a very strong defense.
  • The accused was not acting with wanton or willful disregard: Challenging the arguments of the prosecution that the person was showing wanton or willful disregard can also provide a valid defense to reckless driving charges.
  • Eyewitness testimony: Law enforcement officials are sometimes over eager when they lay charges, while the prosecution is also sometimes overzealous when trying to secure a conviction. Testimony from eyewitnesses can prove the course of events did not happen as either police officers or the prosecution is saying.
  • Other evidence: As with any legal case, evidence is crucial when disproving reckless driving charges. Evidence may include the police officer’s dash or body cam that shows the accused was not driving recklessly, as can video surveillance of nearby businesses and other important evidence.

A criminal defense lawyer can advise on a specific case and determine which defense may be most effective.

Call Our Criminal Defense Lawyers in Florida Today

If you have been charged with reckless driving, our Port St. Lucie criminal defense lawyers at Eighmie Law Firm, P.A., can assist with your case. Our skilled attorneys have the necessary experience to defend against these charges and we will give you the best chance of retaining your freedom. Call us today at (772) 905-8692 or fill out our online form to schedule a consultation so we can review your case.

 

Resource:

eg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.183.html

https://www.eighmielawfirm.com/important-terms-in-a-wrongful-death-lawsuit/

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