Careless vs. Reckless Driving in Orlando: When Does a Tragic Accident Become a Crime?

Here in Orlando, with tourists who don’t know where they’re going and the daily chaos on I-4, bad driving is a fact of life. This leads to accidents and traffic tickets. But from a legal standpoint, the most important question is: when does a mistake behind the wheel cross the line from a simple “Careless Driving” ticket into a criminal “Reckless Driving” charge?

The definitions are similar, but the legal standard for the crime is much, much higher. Two real-life Florida cases, one involving a heartbreaking tragedy and the other a felony conviction, perfectly illustrate this distinction.

Charged with Reckless Driving After an Accident in Central Florida? A terrible outcome does not automatically mean you committed a crime. Call my office to discuss the critical difference between simple negligence and criminal recklessness. Call John Guidry: (407) 423-1117

Case Study #1: The Tragic Mistake (Careless Driving)

The case of State of Florida v. Huarcaya, 11 Fla. L. Weekly Supp. 160b, is a heartbreaking example of how a fatal accident is not always a crime.

• The Facts: A postal worker delivering mail in her Jeep could not reach a mailbox from the road. To do her job, she drove onto the grassy swale. In doing so, she tragically ran over and killed a two-year-old child.
• The Result: The State Attorney’s Office and the Sheriff’s Office reviewed this horrific incident and concluded that her actions, while leading to a devastating result, did not constitute criminal reckless driving. She was issued a non-criminal citation for Careless Driving.

Case Study #2: The Flawed Conviction (NOT Reckless Driving)

A case right here in our backyard, Berube v. State of Florida, 6 So.3d 624 (Fla. 5th DCA), shows how even a jury can get it wrong.

• The Facts: Mr. Berube was driving on a busy stretch of U.S. 192 in Osceola County. He stopped in an intersection and then made an improper left turn across oncoming traffic, causing a fatal accident.
• The Result: A jury convicted him of vehicular homicide, a crime which requires proof of reckless driving. The court of appeals overturned the conviction. They found that his driving pattern, while negligent and a mistake, did not rise to the high level of a “willful or wanton disregard for the safety of persons or property” required for a criminal conviction.

The Legal Bottom Line: A Mistake is Not a Crime

Both of these cases, despite their tragic outcomes, teach the same lesson: for a driving pattern to be a crime, it must be more than a simple mistake, a lapse in judgment, or negligence. Reckless driving requires a conscious and intentional indifference to a known danger. A tragic result, by itself, is not enough to prove this.

John’s Takeaways

• There is a major legal difference between a non-criminal Careless Driving ticket and a criminal Reckless Driving charge.
• A tragic outcome, even a fatality, does not automatically make an accident a crime. The driver’s state of mind and the nature of their actions are what matter.
• As the Huarcaya case shows, even a fatal accident can be correctly classified as a non-criminal infraction if there was no criminal intent.
• As the Berube case shows, even a jury conviction for a driving-related felony can be overturned if the evidence only proves simple negligence, not a “willful or wanton disregard for safety.”
• An attorney with a deep understanding of this case law can fight to prevent a prosecutor from overcharging a tragic accident as a serious crime.

I have been defending clients in these complex and emotionally charged cases in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County since 1993. If you have been charged with a crime for what was truly just an accident, call my office.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.