Reckless Driving in Florida: Laws, Penalties, and How It Affects Your Insurance
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Reckless driving is a serious legal violation. Unlike careless or negligent driving, which are civil infractions, reckless driving in Florida is considered a criminal offense and can result in significant fines, jail time, and points on your driving record. You may also face a license suspension.
In addition, a reckless driving charge in Florida can affect your ability to get car insurance or your rates. This guide will cover what constitutes reckless driving, how penalties are handed down, and how to mitigate the impact of a Florida reckless driving charge on your driving record and insurance.
Reckless Driving Laws in Florida
The Florida reckless driving statute defines reckless driving as operating a vehicle “in willful or wanton disregard for the safety of persons or property.” In some states, speeding is enough to result in a reckless driving charge. While speeding is still a traffic violation in Florida, it alone isn’t enough to constitute reckless driving.
Florida specifies intent (that is, “willful or wanton disregard”). This means the driver intentionally and knowingly engaged in dangerous behavior on the road.
Examples of reckless driving include:
- Excessive speed combined with dangerous maneuvers (e.g., weaving through traffic, tailgating, driving through a crowd)
- Street racing
- Improper passing
- Aggressive driving behaviors (e.g., purposefully running through stop signs)
- Fleeing from a law enforcement officer
Penalties for Reckless Driving in Florida
Reckless driving laws are strict in Florida. But the number of convictions on your record and the severity of the offense or offenses can impact penalties, so it’s important to understand how sentences work.
First Offense Penalties
A first-time reckless driving conviction is a misdemeanor carrying a maximum sentence of 90 days in jail and a fine ranging from $25 to $500.
Second and Subsequent Offense Penalties
Second and subsequent convictions (first-degree misdemeanors) can lead to imprisonment lasting up to six months and fines between $50 and $1,000.
Two factors can increase the maximum penalty for second and subsequent offenses:
- Property damage or injury: May increase jail sentences (up to one year)
- Serious bodily injury: Classed as a third-degree felony and may increase jail sentences (up to five years) and fines (up to $5,000)
Additional Court-Ordered Requirements
If a judge believes you were under the influence of drugs or alcohol during the incident, the court may order you to complete a DUI substance-abuse education course and evaluation.
Depending on the results of this evaluation, you may also be ordered to undergo substance-abuse treatment to prevent your license from being suspended.
Criminal Classification and Legal Consequences
In Florida, reckless driving can be a misdemeanor or felony criminal offense, depending on the number of past convictions and whether the incident caused serious bodily injury.
A misdemeanor is less serious than a felony, but it’s still a crime. If you’re charged with misdemeanor reckless driving:
- You might be required to appear in court.
- You’ll have a criminal record if you’re convicted.
- You might face a jail sentence, probation, or restrictions on your driving privileges.
- You might have trouble finding insurance or end up paying significantly more.
According to Florida law, if your reckless driving behavior caused serious bodily harm, you might be charged instead with a felony in the third degree.
Unlike in some other states, you can’t get a formal reckless driving conviction expunged or sealed from your record.
How Reckless Driving Affects Your Insurance
It’s important to understand how license points affect insurance. Reckless driving not only adds points to your record, but it’s also seen as “high-risk” behavior by insurance companies, which can raise your premiums. In some cases, insurers may cancel your policy altogether, especially if you have multiple offenses.
You’ll also likely have to get SR-22 insurance in Florida if you’re found guilty of reckless driving.
So what is an SR-22? An SR-22 isn’t insurance. It’s a certificate of financial responsibility that proves you have the minimum required coverage. You’re required to carry an SR-22 for at least three years after a reckless driving conviction.
Strategies To Mitigate Penalties and Insurance Impact
If you’ve been handed a reckless driving ticket in Florida, there are certain steps you can take to minimize the legal and financial impact. It’s always a good idea to hire an attorney. Reckless driving lawyers may help reduce penalties by negotiating a lesser charge and presenting mitigating evidence.
When it comes to insurance, you should always shop around for the best policy based on your situation. Many insurance companies offer a discount if you complete a Florida traffic school course. While this won’t clear your conviction, it can reduce points on your record and lower your insurance rates.
Additional Considerations and Resources in Florida
Here are a few important considerations for Florida drivers who've been charged with reckless driving:
- While you can represent yourself, it’s always best to work with an attorney.
- If you believe you’ve been unfairly charged, you can contest the citation with the court.
- Reckless driving remains on your record for 10 years in Florida.
- Reckless driving adds four points to your record.
You can find a list of driver improvement schools and check your license status on the Florida Highway Safety and Motor Vehicles website.
Get Customized Car Insurance Quotes After Reckless Driving
Finding an insurance policy that’s both affordable and offers the coverage you need can be tricky. A reckless driving conviction complicates things even more. That’s why you need to get a clear picture of your options.
With EverQuote, you can get comprehensive, customized auto insurance quotes from top providers in just minutes. Simply fill out some basic information, and we’ll help you find coverage to suit your needs.
FAQs
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Premiums are sourced from over 30,000 zip codes across 200 insurance companies. We estimate premiums based on public filings for policies seeking 50/100 in liability with $500 deductibles for collision and comprehensive coverage. Estimated rates are based on a 35-year-old single female with a good credit score and no history of accidents or violations driving a 2023 Toyota RAV4 LE. We partner with Quadrant Information Services to source our data and assume no unique benefits or discounts are applied for these rates (unless otherwise stated). Your own rates may be different.