Miami Reckless Driving Attorney
Miami Reckless Driving Lawyer
A Miami Reckless Driving Attorney can get a reduction or dismissal in many cases by negotiating or using legal defenses for reckless driving.
Miami Reckless Driving is a misdemeanor criminal offense and if proper steps are not taken could result in a criminal record.
Miami Reckless Driving Lawyer can negotiate for an amendment to a Miami Careless Driving so the driver would not have a criminal record.
If a Miami Reckless Driving case results in an adjudication of guilt the driver would have a criminal record and be ineligible to seal or expunge.
Miami Dade County had 609 reckless driving cases in 2010 based on FLHSMV statistics.
Miami Reckless Driving cases are frequently negotiated or reduced. In 2010 70 of the 609 reckless driving cases were adjudicated of guilty.
Miami Reckless Driving statistics show that 4 cases resulted in not guilty verdicts, 25 cases were nolle prosequied and 163 cases were dismissed.
A Miami Reckless Driving Lawyer understands the benefits and collateral consequences that attach to resolution of a reckless driving case.
A Miami reckless driving lawyer can review your case and understand how to approach defending you. If the facts do not justify a Miami reckless driving charge an experienced reckless driving lawyer can challenge the facts and force the state to prove the case beyond a reasonable doubt. If the facts do support a reckless driving charge your Miami reckless driving attorney will negotiate with the assistant state attorney 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 record. With just under 100,000 criminal traffic offenses in Miami-Dade County the prosecutors are motivated to negotiate a resolution to cases. Why do you need a Miami reckless driving lawyer to negotiate your case? Plea negotiation is confidential if conducted properly. If admissions are made that are not viewed as plea negotiation then the evidence can come in. Many things occur after the case is resolved called collateral consequences. It is not a requirement for you to be advised of collateral consequences. An attorney is supposed to inform you of collateral consequences. In Reckless driving you could receive 4 points on your license. Careless driving can also add 4 points. 12 Points in a year and your license will be suspended. A class is also required administratively after you plea to reckless driving. The class requirement comes from Florida Statute 322.0261(4). "The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 316.192 and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges.
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 Miami reckless driving sealed. The cost without an attorney would be around $150 just for the application fee, finger print card and filing fee. If an attorney was retained it would cost another $350 or more. If a Miami reckless driving attorney gets your case reduced to careless driving or gets the case dropped or dismissed it would not be necessary to seal your record.
Why should you hire a Miami reckless driving lawyer? The language in the careless driving statute and reckless driving statute are almost interchangeable. A paraphrased of the language that would apply to a Miami careless driving shows the similarities. 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 Miami reckless driving says; 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 slight but what it comes down to is failing to drive safe or intentionally driving unsafe. Did you intentionally cut the driver off in Miami traffic or did you just negligently not check before changing lanes? The intent of the driver makes the difference between a criminal offense or a civil traffic ticket. Reckless driving in Miami can expose you to 90 days in jail and/or probation, classes and a criminal record. A Miami careless driving would only expose you to a class and fine of $500. 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. The state is often willing to negotiate reckless driving cases because in most cases they have more pressing misdemeanors such as domestic violence and Miami DUI cases. It can be difficult to show if the driving was intentional or negligent. The state can get the same class and the maximum careless driving fine is larger than the minimum Miami reckless driving fine. In most non extreme cases the case is not worth fighting to trial for the prosecutor if a reasonable resolution is justified by the facts or legal defenses.
Miami 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.
Miami 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.
Miami Reckless Driving Attorney
Miami Reckless Driving Lawyer
Legal information provided by Daytona Beach DUI Lawyer Kevin J. Pitts