Since 1993
Orlando Reckless Driving Lawyer
When you’re facing a reckless driving charge, every detail matters. An experienced Orlando reckless driving lawyer can make the difference between a costly conviction and a reduced or dismissed charge. At the Law Offices of John P. Guidry II, we represent clients accused of reckless and careless driving throughout Central Florida — providing aggressive defense, clear explanations, and a proven record of results.
Reckless vs. Careless Driving
Careless driving is a civil traffic infraction that typically results in fines or driving school. Reckless driving, on the other hand, is a criminal offense that can lead to arrest, probation, or even jail time. In most cases, reckless driving is charged as a misdemeanor, but if the offense causes serious bodily injury, it can be upgraded to a felony.
Unfortunately, most reckless driving citations fail to explain exactly what behavior was considered “reckless.” This lack of detail often becomes a key defense point. Our firm carefully examines every citation and report to determine whether law enforcement had enough evidence or simply relied on assumptions about fault.
How Florida Law Defines Reckless Driving
Florida law defines reckless driving as operating a vehicle with “wanton disregard for the safety of persons or property.” This is not the same as careless driving, which only involves a failure to drive in a careful or prudent manner. The difference lies in intent — reckless driving requires proof that the driver acted with conscious indifference to potential harm.
For example, in Smith v. State (2017), a driver lost control of his vehicle and injured a bicyclist. While serious, the court overturned his felony reckless driving conviction because there was no evidence of intentional disregard. These distinctions show why experienced legal defense is crucial in such cases.
When Traffic Infractions Become a Criminal Charge
Sometimes, what starts as a few simple traffic infractions — such as speeding, abrupt turns, or losing control — can escalate into a reckless driving charge when combined with aggravating factors like heavy traffic, poor weather, or cell phone use. Police may even review phone logs or texts to determine whether distraction contributed to the incident.
In many cases, a knowledgeable Orlando reckless driving lawyer can argue that the behavior in question does not meet the legal threshold for “wanton disregard,” potentially leading to a dismissal or reduced charge.
Legal Precedents and Vagueness Issues
The Florida Supreme Court has recognized that the reckless driving statute can be vague. In Robinson v. State (1934), the Court held that a citation must include specific details describing what conduct was considered reckless. Without such clarity, it’s impossible for defendants to know what act they’re being accused of — and that vagueness can be grounds for dismissal.
Protect Your Record and Driving Privileges
A reckless driving conviction can lead to fines, license points, probation, higher insurance rates, and even jail time — not to mention a permanent mark on your record. Attorney John P. Guidry II has decades of experience defending clients charged with reckless driving, using case law and evidence analysis to protect your rights and minimize penalties.
If you’re facing a reckless driving charge, contact an Orlando reckless driving lawyer today for a free consultation and case review.
For skilled legal guidance and proven defense strategies, reach out to the best Orlando criminal attorney to discuss your options.