Florida Statute §316.192 | Classification: Misdemeanor to Third-Degree Felony (with serious bodily injury)
What Is This Charge?
Reckless driving in Florida is defined as driving any vehicle with willful or wanton disregard for the safety of persons or property. Florida law requires more than carelessness or negligence — the driver must have consciously disregarded a known and substantial risk.
Penalties & Fines
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First offense: Up to 90 days in jail, $25–$500 fine
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Second offense: Up to 6 months in jail, $50–$1,000 fine
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Reckless driving causing serious bodily injury: Third-Degree Felony — up to 5 years, $5,000 fine
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Reckless driving causing death: may be prosecuted as vehicular homicide — Second-Degree Felony, up to 15 years
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4 points added to Florida driving record
Additional Consequences
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Permanent criminal record
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Significant auto insurance rate increases
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Civil liability to injured parties
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Immigration consequences for non-citizens
Possible Defenses
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The driving was careless or negligent, not willful or wanton
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Road conditions, mechanical failure, or a medical emergency caused the behavior
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The officer’s observations are disputed by video or witness evidence
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No serious bodily injury actually occurred (to challenge felony elevation)
Why You Need a Defense Attorney
The distinction between careless driving (a civil infraction) and reckless driving (a criminal offense) hinges on the driver’s state of mind. An experienced attorney can challenge whether the legal standard of willful or wanton disregard was truly met.
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