Last updated November 2025
Most people think reckless driving is “just a ticket,” but under Florida law, it’s a criminal offense β one that can carry jail time, probation, and a permanent record.
As a Fort Lauderdale criminal traffic defense attorney and former prosecutor, Iβve represented drivers across Broward County charged with reckless driving, often after an accident or police pursuit.
π Florida’s Reckless Driving Law
Under Florida Statute §316.192, reckless driving means:
“Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property.”
This is not the same as careless driving — reckless driving requires intentional or conscious disregard for safety.
π Related: DUI Lawyer Fort Lauderdale: Why Local Experience Wins
βοΈ Penalties for Reckless Driving in Florida
| Offense | Classification | Maximum Penalty |
|---|---|---|
| First offense (no injury) | Second-degree misdemeanor | Up to 90 days jail and $500 fine |
| Second offense | Second-degree misdemeanor | Up to 6 months jail and $1,000 fine |
| With property damage or injury | First-degree misdemeanor | Up to 1 year jail and $1,000 fine |
| With serious bodily injury | Third-degree felony | Up to 5 years prison and $5,000 fine |
In addition:
Your license may be suspended
Points are added to your record
Insurance premiums can skyrocket
π Related: Habitual Traffic Offender in Florida
π‘οΈ Defense Strategies That Work
No willful or wanton conduct β Ordinary negligence or a momentary lapse isnβt reckless.
Speed alone β Driving fast isnβt automatically reckless unless paired with dangerous behavior.
Mechanical issues β Braking or steering failure can mimic reckless driving.
Improper police inference β Officers often overcharge after minor accidents or evasive maneuvers.
Witness credibility β Civilian witnesses can exaggerate or misunderstand events.
π£ Why You Shouldn’t Plead Guilty
Reckless driving may seem minor, but it’s a criminal conviction β not a traffic infraction. It appears on your record permanently unless reduced or dismissed. A defense lawyer can often:
Negotiate a reduction to careless driving (non-criminal)
Prevent a license suspension
Protect your insurance and job eligibility
π Charged with reckless driving in Florida? Call (954) 270-0769 or request a free consultation today.
π Learn more about our Fort Lauderdale Criminal Defense Services.
What Constitutes Reckless Driving Under Florida Law?
1) Is reckless driving a crime in Florida?
Yes. It’s a misdemeanor and can be a felony if someone is seriously injured.
2) What’s the difference between careless and reckless driving?
Careless is a non-criminal traffic citation; reckless is a criminal charge.
3) Can reckless driving be reduced?
Yes. Many cases are reduced to careless driving through negotiation.
4) Will reckless driving affect my insurance?
Yes. Insurers treat it as a major violation, raising rates or dropping coverage.
5) Can reckless driving charges be expunged?
Only if the case is dismissed or adjudication is withheld and you qualify under Floridaβs expungement laws.