“Just a Mistake” or a Crime? When Bad Driving Becomes Reckless Driving

By: John Guidry

When you’re facing a Reckless Driving charge, every detail matters. Most people assume that if they were speeding or made a bad turn, they are guilty.

• The Reality: There is a massive legal canyon between being a “Careless” driver and a “Reckless” criminal.
• The Stakes: Careless driving gets you a ticket. Reckless driving gets you a criminal record, probation, or even jail.

Did the officer confuse a mistake with a crime?

Intent matters. Call John today at (407) 423-1117.

The Distinction: Careless vs. Reckless

Careless Driving (Civil Infraction)

• Definition: Failing to drive in a careful or prudent manner.
• Example: You zoned out and rear-ended someone. You made a turn too wide.
• The Penalty: A fine and driving school. No handcuffs.

Reckless Driving (Criminal Offense)

• Definition: Driving with “willful or wanton disregard for the safety of persons or property.”
• The Key: This requires Intent. You must have acted with “conscious indifference” to the consequences. It’s not enough to be bad at driving; you have to be dangerously indifferent.

The Case: Smith v. State (The Swerving Driver)

In Smith v. State (2017), a driver lost control of his vehicle, swerved, and injured a bicyclist.

• The Charge: Felony Reckless Driving (causing serious bodily injury).
• The Evidence: The State argued that swerving off the road proved he was reckless.
• The Ruling: The Court overturned the conviction.
  • The Logic: There was no evidence of intentional disregard. Losing control—even if it causes injury—is negligence (Careless), not a crime (Reckless), unless the State can prove you chose to drive dangerously.

The Defense: The “Vague Citation” (Robinson v. State)

Often, officers write “Reckless Driving” on a ticket but leave the description blank or vague.

• The Precedent: In Robinson v. State (1934), the Florida Supreme Court held that a citation must include specific details describing what conduct was reckless.
• The Strategy: If the officer just writes “driving recklessly” without specifying the acts (e.g., “weaving through traffic at 100mph”), we file a Motion to Dismiss. You cannot defend yourself against a vague accusation.

John’s 2026 Update: AI Dash Cams & Black Boxes

Note: In 2017, we argued about whether a swerve was intentional. In 2026, the data tells us exactly what happened.

1. The “Black Box” (Event Data Recorder) In Smith, the court couldn’t prove why he swerved.

• The 2026 Reality: Every modern car has an Event Data Recorder (EDR).
• The Evidence: Prosecutors now pull the EDR data.
  • The Defense: If the data shows you applied the brakes before the swerve, it proves you were reacting to a hazard (Careless/Accident).
  • The Risk: If the data shows 100% throttle and 0% braking until impact, it proves “Willful Disregard” (Reckless). We must analyze this data before you speak to the police.

2. AI Dash Cams & Telematics Police are increasingly relying on AI-powered dash cams (especially in fleet vehicles and new consumer cars) that flag “Aggressive Events.”

• The Trap: These systems use AI to detect “risky behavior” like tailgating or lane drifting in real-time.
• The Fight: Prosecutors try to use these “AI Safety Scores” to upgrade a ticket to a crime. We argue that an algorithm cannot determine Human Intent. Just because the AI flagged a “Hard Brake” doesn’t mean you were being reckless—you might have been avoiding a dog.

3. The “Wet Reckless” Strategy In 2026, with tougher DUI enforcement, the “Wet Reckless” remains a top strategic goal.

• The Deal: If you are charged with DUI, we often negotiate a plea down to Reckless Driving (alcohol-related). It saves your license from the permanent DUI revocation and avoids the mandatory DUI conviction on your record.

Don’t Let Them Guess Your Intent

Police often charge Reckless Driving just because they are angry at your driving. That is not the law. We force them to prove you were a criminal, not just a clumsy driver.

Call me at (407) 423-1117. Let’s look at the data.

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.