Gainesville Reckless Driving Attorney
Gainesville Reckless Driving Lawyer
A Gainesville reckless driving charge is a criminal traffic infraction. If convicted of a Gainesville reckless driving your record could never be sealed or expunged.
Often the severity of a criminal traffic offense is overlooked. Many people feel that a Gainesville reckless driving attorney is not necessary for a ticket. A criminal traffic infraction is not your ordinary ticket.
With a ticket an officer will tell a hearing officer what he observed. In criminal court that officer will be questioned by a trained prosecutor and your testimony will be subject to cross examination. If you discuss the case in court prior to trial it will be recorded and often times used against you during trial.
Gainesville reckless driving case has many possible defenses. Speed alone is not reckless driving. A Gainesville reckless driving lawyer can file paperwork to waive your appearance from court.
It is less expensive to hire a Gainesville reckless driving attorney than to miss class or work for two or three days. If you miss court and get a warrant for your Gainesville reckless driving case the cost of paying a bond and missing work or school unexpectedly could be a major setback for your education or career.
A Gainesville reckless driving lawyer will review the facts of your case and make a decision on how to approach your case.
If the states facts do not support a reckless driving charge the attorney will challenge the facts and force the state to prove their case beyond a reasonable doubt.
If the states facts do support a reckless driving case your Gainesville reckless driving attorney will negotiate with the state to try to minimize or eliminate the damage to your record.
Reckless driving cases can be negotiated to be resolved with civil traffic infractions like speeding, failing to observe a traffic control device and careless driving. The civil traffic infractions are not crimes and maintain a clean criminal history.
The primary concern with a criminal conviction in the past was with crimes of dishonesty and felonies. As the economy has slowed and the competition for jobs increases any conviction could be a major obstacle for employment. Even if adjudication is withheld it could take months to get the record of your Gainesville reckless driving sealed. What can a Gainesville reckless driving attorney do for you? The language in the careless driving statute and reckless driving statute are almost interchangeable. I have paraphrased the language that would apply to a Gainesville careless driving. Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section. Compare that to the language that would apply to a Gainesville 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. The differences are subtle but what it boils down to is failing to drive safe or willfully driving unsafe. The minor distinction makes the difference between having a criminal record from a Gainesville reckless driving charge or just having a minor civil traffic infraction on your driving record. Reckless driving in Gainesville Florida can expose you to 90 days in jail and/or probation, classes and a criminal record. A Gainesville Florida careless driving would only expose you to a class and fine. Careless driving cannot carry a jail or probation sentence. A withhold of adjudication on both reckless driving and careless driving can keep points off your license preventing your insurance from increasing.
Gainesville Florida Reckless Driving Statute
316.192. Reckless driving
(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
(3) Any person:(a) Who is in violation of subsection (1);(b) Who operates a vehicle; and(c) Who, by reason of such operation, causes:1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 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.
(4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.
(5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the person's driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the 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 offender 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.
Gainesville Florida Careless Driving Statute
316.1925. Careless driving
(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same 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 and a violation of this section.
(2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.
Alachua County Reckless Driving Attorney
Alachua County Reckless Driving Lawyer
Created by Daytona Beach DUI Lawyer Kevin J. Pitts