|
|
 |
Florida Statutes Regarding Reckless Driving
|
 |
|
Sometimes drivers receive tickets for reckless driving, simply because they were
speeding or failed to maintain a single lane. The combination of several infractions generally is not enough for
the State to prove a case of reckless driving. In order for the State to prove the charge the driver's
actions need to be so extremely hazardous that someone's life was serious threatened.
If you have received
a ticket for reckless driving give us a call as soon as possible. The charge is very serious, but it can be beat.
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.
|
 |
|
|
 |
|
|
 |
|
|
|
WE COVER BROWARD, INDIAN RIVER, LEE, MARTIN, MIAMI-DADE, MONROE, PALM BEACH, AND ST. LUCIE
COUNTIES. IF YOU RECEIVED A TRAFFIC TICKET IN ANOTHER FLORIDA COUNTY CLICK HERE, AND AN ATTORNEY IN THAT COUNTY CONTACT YOU SHORTLY.
The hiring
of a DUI lawyer, traffic ticket lawyer, or criminal lawyer is an important decision that should not be based solely upon
advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This
web site is designed for general information only. The information presented at this site should not be construed to be neither
formal legal advice nor the formation of a lawyer/client relationship. I hope that you enjoy our animated friends. They
are not real law enforcement officers. They are here strictly for entertainment, aesthetic, and design purposes. Click here
for reciprocal links.
Traffic Ticket Attorney and Traffic Violation Lawyer. Serving Broward,
Indian River, Lee, Martin, Miami-Dade, Monroe, Palm Beach, and St. Lucie Counties.
|
|
|
 |