Is Your Driving a “Mistake” or a “Crime”? The Reckless vs. Careless Truth in Orlando

By: John Guidry

Here in Orlando, between the tourists who have no idea where they’re going and the daily “Mad Max” chaos on I-4, bad driving isn’t just a possibility—it’s a fact of life. Most of the time, a mistake behind the wheel leads to a crumpled fender and a “Careless Driving” ticket. But sometimes, the State tries to turn a lapse in judgment into a criminal “Reckless Driving” charge.

I’ve seen it happen in courtrooms from Orange to Osceola County: a driver makes a split-second error, and suddenly they’re facing jail time instead of just a fine. The definitions of “careless” and “reckless” might sound similar at a backyard BBQ, but in a court of law, the line between them is a massive wall. One is a civil infraction; the other is a crime that can haunt your record forever.

Charged with Reckless Driving after an accident in Central Florida? A tragic outcome does not automatically mean you committed a crime. Call John Guidry today at (407) 423-1117 to protect your future.

The Legal Breakdown: A Mistake is Not a Crime

To win a Reckless Driving case, the State has a high mountain to climb. They have to prove “willful or wanton disregard” for safety. That’s a fancy way of saying you knew what you were doing was dangerous and you simply didn’t care. Two real-life Florida cases—one involving a heartbreaking tragedy and another right here in our backyard—perfectly illustrate this distinction.

• State of Florida v. Huarcaya (11 Fla. L. Weekly Supp. 160b): This case involved a postal worker in her Jeep. She couldn’t reach a mailbox from the road, so she drove onto a grassy swale. Tragically, she ran over and killed a two-year-old child.
  • The Result: Even with a fatality, the State and the Sheriff’s Office concluded her actions were a tragic mistake, not a crime. She was issued a non-criminal citation for Careless Driving.
• Berube v. State of Florida (6 So.3d 624): This happened on U.S. 192 in Osceola County. Mr. Berube made an improper left turn across oncoming traffic, causing a fatal accident. A jury initially convicted him of vehicular homicide (which requires proof of reckless driving).
  • The Appeal: The conviction was overturned. The court found that his driving—while negligent—did not rise to the level of “willful or wanton disregard.” It was a failure of proof by the State.

Why the “Result” Doesn’t Equal “Recklessness”

It’s “sad but true” that prosecutors often point to the damage or injuries to argue for a criminal charge. But as these cases show, a horrific result does not automatically make the act “reckless.” Recklessness requires a specific, intentional indifference to a known danger. If you were just distracted or made a bad turn, that’s “blabbing” on the State’s part to call it a crime.

John’s Takeaways

• Civil vs. Criminal: Careless Driving is a ticket (civil); Reckless Driving is a crime (criminal). The difference is your state of mind, not the amount of damage.
• The “Willful” Standard: The State must prove you intentionally drove in a dangerous way. A simple lapse in judgment is usually just negligence.
• Tragedy is Not Proof: Just because someone was hurt doesn’t mean you are a criminal. Florida law requires proof of “wantonness,” which is a very high bar.
• Overcharging is Real: Prosecutors in Semole, Lake, and Brevard often overcharge these cases to pressure defendants into pleas. We fight to get these reduced to civil infractions.
• Trial Strategy: My job is to show the jury that the “grass wasn’t that green”—that what looked like recklessness was actually just a common, albeit tragic, human mistake.

The justice system can be harsh, especially when emotions are high after an accident. If you’re being treated like a criminal for what was truly just an accident in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you need a trial lawyer who knows how to hold the State to the actual law.

I’ve been defending these complex and emotionally charged cases since 1993. Let’s sit down and look at the facts of your “war story” together.

Facing these charges? Call John at (407) 423-1117.

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.