What Is Reckless Driving Under Florida Law?

As a Florida Traffic Defense Lawyer, I’m often asked by clients whether a reckless driving conviction will follow them for life. The truth is, yes, it can. Under Florida law, reckless driving is not just a traffic violation—it’s a misdemeanor crime, and in some cases, even a felony. That means it can result in a permanent criminal record, affecting everything from employment to insurance rates.

Florida Statutes § 316.192 defines reckless driving as follows:

“Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”

What this means is that the state must prove not just that you were driving badly, but that your actions showed a conscious disregard for the safety of others. Speeding alone isn’t enough. Swerving, weaving through traffic at high speeds, racing on public roads, or aggressively tailgating may lead to these charges.

If you’ve been arrested or cited for reckless driving, hiring a private defense lawyer gives you a stronger chance to avoid a lasting criminal conviction. I’ve represented countless people across Florida who didn’t realize how serious these charges could become until it was almost too late.

Will a Reckless Driving Conviction Stay on Your Record?

Yes, a reckless driving conviction can stay on your record permanently under Florida law. It is considered a criminal offense. If convicted, your criminal record can show up on background checks by employers, landlords, and even licensing agencies.

This differs from a civil traffic infraction, such as speeding or running a stop sign, which usually just results in points and fines. Reckless driving, on the other hand, may result in:

  • A criminal record (misdemeanor or felony)
  • Jail time
  • Fines of up to $500 or more
  • Driver’s license suspension
  • Points on your driving record
  • Higher car insurance premiums

You cannot expunge or seal a reckless driving conviction if you were adjudicated guilty. That’s why having a private attorney is essential. I work hard to get charges reduced, dismissed, or handled in a way that avoids a formal conviction whenever possible.

Penalties Under Florida Statutes § 316.192

Here’s how the penalties break down:

  • First offense (no bodily injury): Up to 90 days in jail and/or a fine up to $500
  • Second or subsequent offense: Up to 6 months in jail and/or a fine up to $1,000
  • With property damage or injury: Reckless driving becomes a first-degree misdemeanor, punishable by up to 1 year in jail
  • With serious bodily injury: Upgraded to a third-degree felony, carrying up to 5 years in prison and a $5,000 fine

If alcohol or drugs are involved, you could also be charged with DUI. Prosecutors sometimes reduce a DUI to reckless driving, which can still carry serious consequences unless properly defended.

Defining “Willful or Wanton” Behavior

A key element in these cases is the legal threshold of “willful or wanton disregard.” It’s not about simple carelessness. It means the driver knew—or should have known—that their behavior was dangerous and chose to do it anyway.

Examples that may lead to reckless driving charges:

  • Racing another vehicle on a public road
  • Fleeing from police
  • Swerving through traffic at high speeds
  • Running multiple red lights with no attempt to stop

By contrast, if you were simply speeding without any dangerous maneuvers, or if you made an honest mistake, that may be enough to argue for a lesser charge or even a dismissal.

My job as your attorney is to raise reasonable doubt about intent and show the court that your behavior does not rise to the level required for a reckless driving conviction.

Real Case Example – Dismissed After Aggressive Negotiation

One of my clients was charged with reckless driving after being clocked at over 90 miles per hour on I-75 in a rainstorm. The officer claimed he was weaving between vehicles. However, our investigation showed there was no dash cam footage, no complaints from other drivers, and no evidence of erratic lane changes.

We presented witness statements showing he was driving to get his pregnant wife to the hospital and had activated his hazard lights. Through private negotiations with the prosecutor, I was able to get the charge dismissed in exchange for a civil speeding citation and completion of a defensive driving course.

Without a private defense attorney, this client would have walked into court, pled guilty, and walked out with a criminal record. That didn’t happen.

Why You Need a Florida Traffic Defense Lawyer

If you're facing a reckless driving charge, the odds are stacked against you from the start. Prosecutors are rarely lenient without a strong defense. Most people charged don’t understand the implications until it’s too late. Court-appointed lawyers often juggle dozens of cases, and they may not have time to dig into the details that can get your case dismissed or reduced.

As a Florida Traffic Defense Lawyer, I take the time to investigate every fact, review officer reports, challenge witness statements, and file legal motions that can change the outcome of your case. I fight to keep your record clean, protect your license, and help you avoid jail.

Defenses to Reckless Driving in Florida

Here are a few defenses that may apply:

  • Lack of Intent: Your actions were not willful or wanton but rather negligent or due to an emergency.
  • Insufficient Evidence: No dash cam footage, no radar confirmation, or no independent witnesses.
  • Necessity: You were avoiding danger or reacting to a medical emergency.
  • Mistaken Identity: You were wrongly accused or misidentified by the reporting party.
  • Unreliable Officer Testimony: Contradictions or failure to follow procedure can weaken the prosecution’s case.

My goal is to evaluate all of these possibilities to either have the charge dismissed or reduced to a non-criminal infraction.

Reckless Driving vs. Careless Driving

Another way to avoid a criminal record is to argue for a reduction to careless driving, which is a civil infraction under Florida Statutes § 316.1925.

Careless driving means failing to drive in a careful and prudent manner. It doesn’t require proof of intent. If the court agrees to reduce the charge to careless driving, you pay a fine, may take a driving course, and avoid a criminal record.

I’ve had dozens of reckless driving charges reduced to careless driving, and the difference that makes in a client’s future cannot be overstated.

How a Conviction Affects Insurance and Employment

A reckless driving conviction usually results in higher insurance premiums for several years. It’s often treated like a DUI when insurers recalculate risk levels.

In addition, some employers run background checks. A criminal conviction—even for a traffic-related matter—can affect job opportunities, especially in fields involving transportation, government security clearance, or professional licenses.

By working with a private attorney, you stand a better chance of keeping your record clean and avoiding these long-term impacts.

Can a Reckless Driving Charge Be Sealed or Expunged?

If you are adjudicated guilty, the answer is no. That record stays with you for life.

However, if I’m able to get your case:

  • Dismissed, or
  • You’re adjudicated “withheld” (no formal conviction)

Then you may qualify to seal or expunge the case under Florida Statutes § 943.0585 and § 943.059.

That’s why it’s critical to have an attorney who doesn’t just settle but fights for the best possible outcome, with your future in mind.

What Should You Do After Being Charged?

Do not admit guilt. Do not assume you’ll be let off with a warning just because it’s your first offense. And do not rely solely on what an officer or court clerk tells you.

Instead, call a Florida Traffic Defense Lawyer immediately. Early intervention can preserve evidence, allow time to negotiate with the prosecutor, and increase your chances of keeping your record clean.

Florida Traffic Defense FAQs

What does Florida law say about reckless driving?

Under Florida Statutes § 316.192, reckless driving is defined as operating a vehicle with willful or wanton disregard for the safety of persons or property. It is not based solely on speed or carelessness but on behavior that consciously places others at risk. A first offense is a misdemeanor but may become a felony if serious injury results. I focus on getting these charges dismissed or reduced to avoid lasting consequences.

Will a reckless driving conviction show up on a background check?

Yes. A reckless driving conviction is a criminal offense, not a traffic infraction. It appears on criminal background checks used by employers, landlords, and licensing agencies. That’s why I push hard to get charges dropped or amended to civil infractions whenever possible.

Can I lose my license after a reckless driving conviction?

Possibly. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) may suspend your license, especially if you accumulate too many points. A reckless driving conviction carries 4 points. If combined with other offenses, you could trigger a suspension. I work to keep points off your record.

Can reckless driving charges be dismissed?

Yes, depending on the circumstances. If the state lacks clear evidence of willful disregard for safety, the charge may not hold. I often negotiate dismissals by showing alternate explanations or weaknesses in the evidence. Each case must be analyzed thoroughly.

Is it better to have a private attorney or a public defender?

A private attorney often has more time and resources to devote to your case. I don’t rely on overworked court calendars. I file motions early, negotiate from a stronger position, and customize the defense strategy to your specific facts. That personal attention can make the difference between a record and a second chance.

Can reckless driving be expunged in Florida?

Not if you are adjudicated guilty. However, if the charge is dismissed or you receive a withhold of adjudication, you may qualify for sealing or expungement. I aim to resolve your case in a way that preserves your ability to seal the record down the road.

How long does reckless driving stay on my Florida driving record?

The points from the offense stay for 3 years, but the criminal conviction stays on your criminal record permanently unless expunged. That distinction matters. I help clients understand both sides—what the DMV sees and what employers see.

Call Our Florida Traffic Defense Lawyer Today

Don’t Let One Mistake Follow You for Life

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation – Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

If you’ve been charged with reckless driving, don’t plead guilty without speaking to me first. I can help protect your license, your future, and your freedom. Let’s talk now.