Reckless Driving in Miami
Reckless driving is a major concern in busy Miami, Florida. However, what exactly is reckless driving? According to Florida State Statute 316.192, reckless driving occurs when a person operates their vehicle in “willful or wanton disregard” for the safety of property or people.
If you or a loved one has been hurt by someone driving recklessly, the reckless driving lawyers at Bernstein & Maryanoff are here to help. Learn the penalties for reckless driving, and what your rights are following a crash.
What Is Willful or Wanton Disregard?
According to Investopedia, “wanton disregard” refers to a person’s extreme lack of care for the rights or well-being of another person. Willful refers to the intentionality of the action. For instance, a driver intentionally chooses to speed, even if they did not choose to injure another person.
When someone chooses to take dangerous action while driving, it can lead to reckless driving in Florida. Speeding, excessively weaving through traffic, or ignoring traffic signals with full awareness of the risk involved fall into this category.
Difference Between Careless and Reckless Driving
Florida law distinguishes between careless driving and reckless driving based on a person’s intent (or lack thereof), and the severity of their actions.
Careless driving occurs when someone fails to operate their vehicle in a prudent and careful manner. It is a civil moving violation and can lead to a traffic ticket, which carries a monetary fine and adds points to your license.
Reckless driving is a criminal traffic offense. It adds points to your license and can lead to jail time. The key differences are intent and the level of disregard the person demonstrates. Reckless drivers know that what they are doing is dangerous and do it anyway.
Examples of Reckless Driving Behaviors in Miami, Florida
Reckless driving in Miami can take many forms. Usually, more than one factor is at play. For instance, someone may be driving at an excessive speed and weaving in and out of traffic. Here are some behaviors that may be considered reckless:
- Excessive speeding
- Aggressive lane changes without signaling
- Tailgating and brake-checking
- Street racing or speed contests
- Ignoring red lights and stop signs
- Driving under the influence
These actions fit the legal definition of reckless driving because they show willful disregard for the safety of others. Unfortunately, reckless driving is extremely common in Miami and the Sunshine State in general. Florida Politics reported that Florida has the fourth-most reckless driving incidents in the United States.
Miami also ranked fifth in the nation for road rage incidents. Road rage can sometimes act as a prerequisite for reckless driving, as angry individuals who are behind the wheel may intentionally drive in a dangerous way.
What Speed Is Considered Reckless Driving in Florida?
Florida law doesn’t set a specific speed for reckless driving. Instead, law enforcement officers will evaluate the totality of the circumstances when determining whether someone was driving recklessly.
For example, exceeding 100 mph on I-95 when traffic is light and the weather is clear may not reach the threshold for reckless driving. On the other hand, driving 65 mph on a busy city street with a posted speed limit of 30 mph may indicate wanton disregard for others. Everything that a driver did matters when evaluating reckless driving charges, especially if their actions caused personal injuries to another.
How Fast Over the Speed Limit Is Considered Reckless Driving?
In Luzardo v. State, Luis Luzardo appealed a previous order that denied his motion to dismiss a vehicular homicide charge against him. He argued that driving approximately 83.9 miles per hour on a road with a posted speed limit of 55 mph did not meet the legal requirement of recklessness.
The court ruled in his favor, citing a previous Florida court opinion — “Speed alone is not enough, except when it is.” They stated that they may have ruled differently if the defendant had been driving 120 mph. This ruling suggests there isn’t a clear speed threshold for proving recklessness.
What Happens If You’re Caught Street Racing in Miami?
Street racing, like reckless driving, is a criminal traffic offense in Miami. If you are caught street racing, you could face consequences, such as the following:
- Criminal charges
- Fines
- Jail time and a criminal record
- Mandatory driver’s license revocation
- Possible vehicle impoundment
Street racing and stunt driving charges are misdemeanor-level offenses. However, if your actions cause serious bodily harm to another, the charge could be reclassified as a felony offense. Felony charges can lead to higher fines and prison time.
What Is the Penalty for Reckless Driving in Florida?
The penalties for reckless driving in Florida vary based on the severity of the offense, and whether it’s a first or repeat violation.
A first-time offender may face:
- A second-degree misdemeanor
- Fines of up to $500
- Up to 90 days in jail
- Probation
- Four points on their driving record
Second or subsequent convictions can lead to:
- Fines up to $1,000
- Up to six months in jail
- Probation
- Driver’s license suspension
If a person causes property damage or injury to another while driving recklessly, the charge can be elevated to a first-degree misdemeanor. Penalties for a first-degree misdemeanor include up to one year in jail.
If a reckless driver causes serious bodily injury to another, the charge becomes a third-degree felony, which can lead to up to $5,000 in fines, and up to five years in prison or a combination thereof.
Is Reckless Driving a Felony in Florida?
Is reckless driving a felony? It depends. First-time offenses that do not cause bodily injury or property damage are second-degree misdemeanors.
However, if a reckless driver causes serious bodily injury to another person, they can be charged with a third-degree felony, even if it is their first offense.
Civil Liability: Lawsuits and Compensation
Reckless driving may be a criminal offense, but it can also result in civil liability. If a driver’s willful disregard for safety caused your injuries, you may be entitled to file a personal injury lawsuit. An experienced personal injury lawyer can help you recover compensation for the following:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional trauma
- Property damage
In a civil suit, your attorney must prove your case by a preponderance of the evidence, meaning that the at-fault party “more likely than not” behaved negligently, and caused you harm.
However, simply proving the other party’s negligence is only part of the battle. You need an experienced attorney who will demonstrate the full extent of your injuries, so you can receive fair compensation.
Florida Habitual Traffic Offenders and License Revocation
According to FSS 322.264, a habitual traffic offender (HTO) is someone who has accumulated a specific number of traffic-related convictions.
A person will be classified as a habitual traffic offender if they accumulate 15 moving traffic violations within a five-year period. Alternatively, three or more convictions of any of the following offenses in five years will result in an HTO designation:
- Any felony involving a motor vehicle
- Driving a motor vehicle with a revoked or suspended driver’s license
- Failing to stop in a crash resulting in personal injury or death to another
- Driving a commercial motor vehicle with disqualified privileges
- Vehicular manslaughter (voluntary or involuntary)
If a person is classified as a habitual traffic offender, their license will be revoked for five years. They can apply for a hardship license after one year.
A hardship license allows someone to drive for limited purposes, including commuting to and from work or school. Even if someone is granted a hardship license, they may have difficulty obtaining insurance coverage due to their negative driving history.
Types of Injuries That Can Result From Reckless Driving
Reckless driving accidents often involve high speeds and gross disregard for the well-being of others. As a result, they can result in serious, life-threatening injuries, including the following:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries, including paralysis
- Multiple fractures
- Internal bleeding
- Severe lacerations and burns
- Lifelong disability
- Death
These injuries can require long-term rehab, surgeries, and ongoing care. Victims may suffer permanent disability, which can lead to job loss and severe emotional distress. If you have been hurt by a reckless driver, it’s vital to hold them accountable and seek fair compensation.
While no amount of money can undo the trauma of your accident, it can help you cover your financial hardships, and give you an opportunity to move forward.
Get expert legal advice now. Call 1-800-429-4529 for your free consultation.
How a Reckless Driving Lawyer Can Help Accident Victims in Miami
When you’re injured in a reckless driving accident, an experienced lawyer can help prove that the other party acted negligently, and fight for compensation on your behalf. A personal injury attorney will gather critical evidence, such as:
- Police reports
- Surveillance or traffic cam footage
- Eyewitness testimony
- Vehicle black box data
Every piece of evidence your attorney collects provides part of the puzzle. They will also review medical records and other documents that demonstrate the extent of your injuries. The goal is to obtain fair compensation, while settling your case as quickly and efficiently as possible.
Bernstein & Maryanoff are experienced in Miami vehicle accident cases. Our lawyers handle everything, so you can focus on healing.
Bernstein & Maryanoff: Your Advocate for Reckless Driving Accidents in Miami
Do you need personalized answers to questions like, “What is the penalty for reckless driving in Florida?” or “What are my rights following a car accident?” If so, it’s time to seek experienced legal representation.
Bernstein & Maryanoff, Injury Attorneys, are here to step up in your time of need. Our legal team can provide a free consultation about your accident, and fight for your rights as we negotiate with the at-fault parties on your behalf.
Have you been injured in a reckless driving accident in Miami? Get immediate legal help.
FAQs
Can You Lose Your Driver’s License for Reckless Driving in Florida?
Yes. In Florida, reckless driving adds four points to your license. Accumulating 12 points in 12 months results in an automatic 30-day suspension of your license.
What Are Some Legal Defenses Against a Reckless Driving Charge?
Common defenses include challenging the prosecution’s evidence or disputing the interpretation of “willful or wanton disregard.” An experienced reckless driving lawyer can evaluate your case and develop an appropriate defense strategy.
Can You Be Charged With Reckless Driving Even if No Accident Occurred?
Yes, you can be charged with reckless driving without causing an accident. Law enforcement officers make their decision on whether to charge this crime based on a person’s driving behavior.
How Does Reckless Driving Affect Your Car Insurance Rates?
A reckless driving conviction can increase your car insurance premiums, and cause insurers to view you as a “high-risk” driver. Moving violations or a lengthy accident history can also drive up your insurance rates.
Is Reckless Driving a Misdemeanor or a Felony in Miami?
Reckless driving is a misdemeanor offense in Miami. However, if a reckless driver causes serious bodily injury to another, the charge is upgraded to a third-degree felony.
Citations:
Dixon, D. (2024). Florida Ranks Fourth in Nation With Most Reckless Drivers.
Dixon, D. (2025). New Study: Miami Ranked 5th Among U.S. Cities With Road Rage Incidents.
FLA Stat. § 316.192.
FLA Stat. § 322.264.
Kagan, J. (2022). Wanton Disregard: What It Means, How It Works, Examples.
Luzardo v. State, 147 So. 3d 1083, 1088 (Fla. 3d DCA 2014).
Our Miami Law Firm Location
Address:
9415 Sunset Drive
Suite 226
Miami, Florida 33173
