In Florida, reckless driving by danger to life, limb, or property is the most common way that reckless driving is charged. Chapter 316, State Uniform Traffic Control, Section 316.192 states that any person who drives a vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. These charges can lead to significant fines, possible jail time, and points on your driver’s license.
If you have been charged, reach out to a dedicated Ft. Lauderdale reckless driving by danger to life, limb, or property lawyer from Leifert & Leifert. Our team of seasoned reckless driving attorneys could advocate for you.
Proving Reckless Driving by Danger to Life, Limb, or Property Cases
The jury instructions give information as to the law the jury considers when making a decision about whether someone is guilty of the offense of reckless driving. The statute states that the State of Florida must prove the following beyond a reasonable doubt that the defendant drove a vehicle in Florida with willful or wanton disregard for the safety of persons or property. Willful means intentionally, knowingly, and purposefully. Wanton is defined as the conscious and intentional indifference to the consequences and with the knowledge that damage is likely to be done to persons or property.
A seasoned reckless driving by danger to life, limb, or property lawyer in Ft. Lauderdale could argue against these claims.
Reckless Driving by Danger to Life, Limb, or Property Penalties
Reckless driving by danger to life, limb, or property is a criminal charge punishable by up to 90 days in the Broward County Jail if it is a first-time charge. A defendant could also be looking at a fine of up to $500 and four points on their driver’s license. A second offense can result in up to a $1,000 fine and six months in jail.
When someone is charged with any type of criminal offense, it is in their best interest to consult with an attorney to see what can be done to have the case dismissed, reduced, or resolved without a conviction showing up on their record. In Florida and Ft. Lauderdale, that resolution is a withholding of adjudication to later resolve a criminal case without a conviction on someone’s record. In reckless driving cases, it is an option and it depends on whether the result may be negotiated with the Prosecutor and whether the Judge approves it. Generally, it is dictated by the specific facts of a reckless driving case and the individual’s record.
If the facts are not egregious and the person’s record is relatively clean, most reckless driving cases are of the misdemeanor variety. An offense that involves danger to life, limb, or property could be resolved by no conviction on the record and court costs.
Occasionally, Judges will impose driving school if the driving behavior or the record calls for that. In cases where a Prosecutor or Judge is considering a conviction on someone’s record, a driving school may be offered to avoid the conviction or points on the defendant’s record. For those reasons, it is imperative for defendants to consult with a skilled lawyer from Leifert & Leifert.
Evidence Used in Reckless Driving Cases
A reckless driving charge is often based on the testimony of a Law Enforcement Officer. Reckless driving could be charged when there is an automobile accident. There could be testimony from civilian witnesses who were involved in the accident, third-party witnesses, or other civilian witnesses who saw the accident. It is rare that a Law Enforcement Officer is also a witness to the accident.
Usually, there is testimony from a police officer or a civilian witness. Other types of evidence might be surveillance, information or data taken from the vehicle, or expert testimony. After an inspection of the vehicle, sometimes there is accident reconstruction testimony.
A reckless driving by danger to life, limb, or property attorney in Ft. Lauderdale could refute the evidence by presenting testimony through independent witnesses, witnesses who were in the vehicle with the client to challenge the credibility of the law enforcement witness, civilian witnesses, and the traffic homicide investigator. The lawyer may hire their own expert witness to conduct an investigation and accident reconstruction.
Call a Ft. Lauderdale Reckless Driving by Danger to Life, Limb, or Property Attorney
An accomplished Ft. Lauderdale reckless driving by danger to life, limb, or property lawyer could fight for you if you are facing charges. Our team at Leifert & Leifert has experience handling these types of cases and could work to get your charges reduced or dismissed. Call today.