Reckless driving in Ocala is a serious misdemeanor offense that can result in probation or up to 90 days jail for a first offense. If the accused has a prior the max jail sentence goes up to 180 days in jail. If someone is seriously injured or dies the case can be upgraded to a felony and prison is a realistic possibility. In 2015 Marion County averaged just over 1 reckless driving case a week with 54 reckless driving cases. In 2014 Marion County had 85 reckless driving cases.
As defense attorneys in Ocala, we understand how important it is avoid jail, probation, a criminal record and going back and forth to court. We know how difficult it is to live in Ocala or Marion County without a valid driver’s license, and if you are convicted of reckless driving, you risk losing your driver’s license and receiving probation and jail time, fines, court costs, cost of prosecution, driving classes, community service, not to mention points on your license and a drastic increase in your insurance rate for years.
If you hire our experienced Marion County reckless driving attorneys we can start working on your case immediately and keep you out of most of the court dates so you don’t have to use vacation days or explain to your coworkers why you have to go to court. If we can negotiate a reduction to a non-criminal traffic infraction or dismissal you would not have to ever step foot in a courthouse. Let us help you get you the best possible result in your Ocala reckless driving case.
A Marion County a reckless driving charge is often overlooked as a traffic ticket like a speeding ticket. Reckless driving in Ocala is not just a traffic ticket that can be paid, it is a CRIME with real potential penalties like jail and probation. The prosecutor in Florida must prove that the driving was Willful and Wanton, and that is “intentionally, knowingly and purposefully” driving with conscious and intentional indifference to the consequences and the knowledge that damages is likely to be done to person or property. W.E.B. v. State, 553 So.2d 323, 326 (Fla. 1st DCA 1989). Our Ocala defense attorneys can defend against the prosecutor focusing on the driver’s state of mind (very difficult for prosecutors to prove). Just driving fast is not enough to establish reckless driving. Mere negligence or an accident may be sufficient to establish careless driving but is not enough to prove reckless driving in Ocala. The challenge the prosecutor faces in a reckless driving case is to prove to a jury that the driving in question was willful. Our Ocala reckless driving lawyers have experience fighting reckless driving cases in Ocala. Just because a police officer says that you drove recklessly does not mean they can prove it was willful.
Reckless driving in Florida is a hybrid misdemeanor punishable by up to 90 days in jail and a $500 fine. A second reckless driving can be punishable by up to 6 months in jail and a $1,000 fine. If the reckless driving results in damage to person or property it can be punished as a first degree misdemeanor with a maximum sentence of 1 year in jail, 1 year probation or any combination of the two and up to a $1,000 fine. If serious bodily injury occurs the case can be charged as a third degree felony with a maximum punishment of 5 years in prison and a $5,000 fine. With a serious bodily injury case the prosecutor can add injury points and prison can be a realistic possibility.
In addition to any other penalties if the court has reasonable cause to believe that the use of alcohol, chemical substances or substances controlled under chapter 893 contributed to the reckless driving, the court shall direct the driver to complete a DUI program and substance abuse education course and evaluation with recommended treatment. The DUI program conducting the evaluation can refer the driver to a substance abuse treatment provider for substance abuse evaluation and treatment. If the driver does not complete the treatment the court shall suspend their driver’s license. Being accused of a crime is serious and a Ocala reckless driving ticket can result in jail or probation with substantial conditions.
If you are accused of reckless in Marion County call our Ocala reckless driving attorneys today for a free case evaluation.