A Key West vacationer had too much fun in the sun after a family reunion on his rented motor scooter. At 4:50 a.m., police pulled over a driver cruising 15 mph in a 35 mph zone, which was causing a traffic back-up on the beach streets. Police observed a lost vacationer, smelling of alcohol and having difficulty standing. The Defendant refused sobriety testing and was then arrested and charged with Reckless Driving Second Offense and Refusal to Submit Breath Test.
In Florida, reckless driving is defined as anyone who drives a vehicle in wanton or willful disregard for the safety of those around them. This is punishable as a misdemeanor.
Penalties that are associated with reckless driving include a $500 fine and/or jail time of up to 90 days.
If it is a second offense for reckless driving, the fines will be doubled. You will pay $1,000 in fines and spend up to 6 months in jail. A third offense will include a fine of $5,000 and up to 5 years in jail.
Refusal to Submit a Breath Test
The state of Florida has an implied consent law. This law means that anyone that has a driver’s license in the state consents to a breath or chemical test should they get pulled over. However, even though the state has this law, you will still be asked if you consent to one. If you do consent, the test will be administered. If you refuse the test, you will be told you will have enhanced penalties if you decide not to take it.
If you refuse to submit to a DUI breath test, you will lose your driver’s license for one year. If it is your second instance of refusing, you will have your driver’s license suspended for 18 months. You may also have to spend up to one year in prison. For each additional offense, there will be 18 months driver’s license suspension and prison time. You could also be required by a judge to pay a fine of $1,000 for each offense. The judge may also require the person to have an ignition interlock device installed in their vehicle, at their own cost.
Musca Law Firm
If you have been charged with reckless driving or refusal to submit a breath test, our attorneys at Musca Law Firm want to speak to you. We have a team of attorneys that have over 150 years of combined legal experience. We accept phone calls 24 hours a day as we know that 9am to 5pm work hours do not meet everyone’s needs. Our firm has extended night and weekend hours as well for your convenience.
Please call us today at (888) 484-5057 to schedule your free initial case consultation with one of our highly qualified attorneys. We know that we will be a perfect fit for your case.
RESULT: The Musca Law Defense Attorney successfully negotiated terms with the State Attorney under nearly impossible circumstances, and was able to obtain a DISMISSAL of the Reckless Driving Second Offense charge and a NO FORMAL FINDING OF GUILT on the Refusal to Submit to Breathalyzer charge!