316.192 Reckless driving

[Rich Z]

316.192 Reckless driving.--

(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:

(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.

(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

(c) Who, by reason of such operation, causes:

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s. 775.084. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.

(5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the person's driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 23, ch. 85-167; s. 1, ch. 85-337; s. 1, ch. 88-5; s. 17, ch. 91-255; s. 31, ch. 92-78; s. 10, ch. 94-306; s. 4, ch. 99-234; s. 9, ch. 2001-122; s. 1, ch. 2001-147.
Note.--Former s. 316.029.

[Z06 Rocket]

Originally Posted by manojiitan12

Hi Readers,
Here we are giving some tips how could be make our self safety from the Reckless Drivers.
in the mental state in which the driver of an automobile behaves recklessly.In the case of de jure or statutory reckless driving, the condition generally refers to speed without regard to any other condition.


Mack

SPAM? Look at the # of posts (1) and the location.... Delhi

[WARHORSE]

Thanks, I read the statute but I could not find if there is a speed at which Reckless driving commences ?

Any idea ? Ive heard 20, 25, or 30 mph over but I'm not sure which it is

[Shadow]

Originally Posted by Z06 Rocket

SPAM? Look at the # of posts (1) and the location.... Delhi

Just got back in and saw that. Thanks for the heads up

he went

[Z06 Rocket]

30 over is a mandatory court date. It's still an infraction (meaning you don't go to jail for it alone). 50 over (which was really designed for the crotch rocket motorcycles that race on the highway) is still just a ticket. The fine can be very outrageous as well as the suspension of the license.

There is no set "reckless" speed. The person can in theory be cited for 165 mph in a 55 zone on the highway without technically being "reckless" (just a mandatory 30 or above court date). The reckless takes into account things such as the speed, traffic conditions, weather, number of cars around you in danger by your actions, etc. That is an opinion issue that the officer has to convey in court as to why it appeared to be a willful and wanton disregard for the life safety and property of the others around the violator. In some cases like blasting up the Suncoast Parkway at 30 or 40 over if the area is close to exit/on ramps or traffic is heavy then reckless MAY apply (as one lone example). It is all a variable thing. I know that the reckless charge is not commonly used in poor context. The officers usually see something that specifically needs attention before someone gets hurt.

[Shadow]

He's point on!

The officer must be able to articulate in court (dash cams help a lot) the specific circumstances that made a sppeding case jump from an infraction to a criminal charge.