Our client was swerving while he was driving and an officer initiated a traffic stop. The officer believed that our client had bloodshot eyes and arrested him for Driving Under the Influence (DUI). Despite negative breath results and drug screens, our client was still prosecuted for DUI based upon his driving pattern and physical appearance.
Reckless driving in Florida is defined as any individual who drives any vehicle in wanton or willful disregard for others and their property’s safety. The defendant’s surroundings, along with their actions, should be taken into consideration when reckless driving has been charged. This is considered as a second-degree misdemeanor and is punishable by up to a $500 fine, jail time of up to 90 days, 6 months probation, or a combination of both. If a second offense is given for reckless driving, the fines will double ($1,000 and 180 days in jail).
If during the reckless driving incident, there is property damage done, penalties will increase. It will be considered a 1st-degree misdemeanor, punishable by up to one year in jail, a probation period of 12 months, and a fine of $1,000. If serious bodily injury results from reckless driving, a third-degree felony has been committed. This is punishable by up to 5 years in prison, a 5-year probation term, and a fine of $5,000.
Examples of reckless driving include weaving in and out of traffic, improper passing, passing on a curve, running red lights, cutting people off, not letting people pass, tailgating, and speeding. Reckless driving cuts an individual’s reaction time in half, which can make it very hard for one to avoid them.
Musca Law Firm
If you have been charged with reckless driving, Musca Law Firm wants to hear from you. We have a dedicated team of attorneys that have over 150 years of combined experience in the legal field. Musca Law Firm offers an initial free consultation and answers phone calls 24 hours per day for your ease and convenience in contacting us. We have many strong defense strategies that can work for your case. In many of the cases we have handled, our clients were given either reduced charges or their charges were eliminated completely. Call us today to see how Musca Law Firm can help you! We serve all of Florida and have offices in several cities to meet your geographic needs.
RESULT: Prior to the Prosecutor even filing charges, our office was able to convince them to reduce the charges to Reckless Driving. In an effort to achieve an even better result, our attorney pushed further and conducted depositions, wherein he was successful in having the officer admit he was not a drug recognition officer, he was not specifically trained for DUI’s, and that our client did not, in fact, interfere with the traffic pattern. Based upon this skilled interrogation approach, the attorney was able to convince the prosecutor to lower the charges even further to a mere civil infraction, resulting in, NO DUI CONVICTION and NO CRIMINAL CONVICTION WHATSOEVER!