How Does Florida Define Reckless Driving?
In Florida, reckless driving is defined as operating a motor vehicle with a willful disregard for the safety of others. Examples of reckless driving include grossly excessive speed, weaving in and out of traffic, tailgating, and failure to yield. Merely speeding is not considered an example of reckless driving. In this article, the Orlando, Florida DUI attorneys at FL DUI Group will discuss the criminal repercussions of reckless driving.
What is the difference between a wet and dry reckless?
Reckless driving charges are considered either “dry” or “wet” depending on whether or not alcohol was involved in the case. Often, a driver can plead down a DUI charge to a wet reckless when there isn’t enough evidence to convict the driver of DUI. In these cases, the driver may have been under the statutory limit of .08 BAC or they negotiated a plea deal related to their DUI.
The prosecution must be able to establish that you were operating your motor vehicle in a manner that created a danger to other drivers on the road, pedestrians, or cyclists. In these cases, the evidence to support such a claim is greater than the evidence required to prove a simple traffic violation. In other words, not every traffic violation rises to the standard of reckless driving.
In a recent case, a woman from Florida was charged with driving her vehicle on a beach while drunk. She nearly injured several people and frightened beach-goers with her driving. This would rise to the standard of reckless driving in the State of Florida. However, she was charged with DUI because she was under the influence of alcohol at the time of the offense.
Comparing penalties for a DUI versus a wet reckless
For a first-time DUI offense, you can face the following penalties:
- $1000 fine
- 6 months in jail
- 1-year driver’s license revocation
- Required completion of a substance abuse education program alongside a substance abuse evaluation to determine if you have a substance abuse problem
- Community service
For a wet reckless, the penalties are significantly lower. These include:
- $500 fine
- 90 days in jail
- Probation
- Required completion of a substance abuse education program alongside a substance abuse evaluation to determine if you have a substance abuse problem
- Community service
Can I get a wet reckless instead of a DUI?
Yes. In some cases, prosecutors will be willing to plead down a DUI offense to a wet reckless. There are numerous benefits to the individual who is facing the charge. A DUI on your driving record can result in significantly higher insurance premiums or the cancellation of your insurance policy. A DUI on your record may make it more difficult to find employment or a place to live. It may be more difficult to acquire a professional license.
Talk to an Orlando DUI Lawyer Today
The Orlando DUI lawyers at FL DUI Group represent the interests of those charged with DUI. Call our office right away to schedule an appointment and we can begin discussing your options today.
