Why is reckless driving a crime

The statute for careless driving requires drivers in Florida to drive in a careful and prudent manner, having regard for width, grade, curves, corners, traffic, and all other circumstances so as to not endanger the life, limb or property of any person. If you are issued a civil careless driving citation, you have days to pay the ticket, or to request a formal traffic hearing. If you choose to simply pay the ticket, there is normally a monetary fine listed on the citation itself.

It is best to speak to a lawyer before paying the ticket, as there are ways to possibly avoid points being placed onto your license. Of course, if a formal traffic hearing is requested, it will be presided over by a judge or designated traffic hearing officer.

There is no right to a jury trial with this civil traffic citation. Despite being a civil citation, the rules of traffic court still require the state to prove the careless driving civil citation beyond all reasonable doubt. Determining whether a driver engaged in willful and wanton conduct can be a complicated task. Since reckless driving requires more than mere negligence, a prosecutor must show that the defendant did more than simply make a mistake about the rules of the road.

This does not, however, require a showing that the driver intended to engage in conduct that would put others at risk, or intended to cause another driver or pedestrian harm. Instead, willful and wanton conduct can be inferred from the circumstances of the violation. Intent to cause harm or put others at risk is not required to prove willful and wanton conduct, only an intent to engage in the conduct itself. Reckless driving may be charged as a misdemeanor or a felony, depending on the severity of the conduct at issue.

Additionally, if death results, the driver may also face a charge of vehicular homicide. Last reviewed October Criminal Law Contents.

Reckless Actions While any use of a vehicle can constitute reckless driving if it is done in a willful or wanton manner, many states set forth particular behaviors that are presumed to be reckless under the laws of that state.

For instance, in many states, the following actions constitute reckless driving: Driving without using headlights; Excessive speeding; Drag racing or otherwise racing other vehicles; Improper passing of another vehicle; and Failing to pay attention to the road. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing. If the defendant abides by the terms of the contract, the Reckless Driving case is typically dismissed at the end of the agreed upon term.

Procedurally, the case goes onto a long continuance and then ends in a dismissal — there is never a conviction if all the terms are met. If a defendant wishes to not resolve the matter through a Diversion or a Compromise, they always have the right to go to trial. At trial, a defendant can require the Prosecutor to prove every element of the Reckless Driving charge beyond a reasonable doubt. You are able to challenge the case based on the elements. All Reckless Driving cases are different and that is just one example.

We also handle cases in nearly all the cities within those Counties. Instead, it would show that the charge was reduced to Reckless Driving. So, in summary, for the most part, if you were arrested and fingerprinted, the Reckless will be on your criminal record.

If you were never printed, then it will most likely not appear on your criminal record. However, be aware.