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Careless & Reckless Driving

Careless Driving Defense in St. Petersburg, FL

In accordance with Fla. Stat. § 316.1925, any person operating a motor vehicle upon Florida's streets or highways is required to drive in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving. A person who violates this section is guilty of a moving violation (non-criminal traffic infraction).

Reckless Driving

Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving shall be punished as follows:

  1. Upon a first conviction, for a period of imprisonment for not more than ninety days, or by a fine of not less than $25.00 nor more than $500.00, or by both such fine and imprisonment.
  2. On a second or subsequent conviction, by imprisonment for not more than six months, or by a fine of not less than $50.00 nor more than $1,000.00, or by both such fine and imprisonment.

Any person who commits the offense of reckless driving, and in the process causes damage to the property or person of another, commits a misdemeanor of the first degree.

Any person who commits the offense of reckless driving, and in the process causes serious bodily injury to another, commits a felony of the third degree. 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.

In addition to any other penalty provided above, if the court has reasonable cause to believe that the use of alcohol or chemical or controlled substances contributed to the violation, the court shall order the person to complete a DUI program substance abuse education course and evaluation. If the DUI program conducting the course and evaluation refers the person to a substance abuse treatment provider for substance abuse evaluation and treatment, the person must complete it. If the person ordered to a DUI program substance abuse education course and evaluation fails to report to or complete th course, the DUI program is required to notify the court and the department of motor vehicles of the failure. Upon receipt of notice, the department will cancel the person's driving privilege. The department may then reinstate the person's 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 person 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.

If you have been cited for Careless or Reckless driving in St. Petersburg, Clearwater, Tampa, new Port Richey, Dade City, or Bradenton, contact The Kilfin Law Firm, P.C. for an initial consultation.

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