Driving any motor vehicle in “willful or wanton disregard” for the safety of others or their property can lead to a reckless driving conviction in Florida.
Reckless driving in Florida is a serious charge and alleges conduct that goes beyond simple inattentiveness or careless driving. Not only can the penalties for reckless driving charges be harsh, but a reckless driving conviction will go on your driving record.
How long does reckless driving stay on your record? This is an important question, as a conviction can negatively affect your driving privileges, insurance rates, and employment opportunities for as long as it’s publicly visible. Once you have a conviction on your driving record, there’s little that can remove it beyond the passage of time.
If a police officer charges you with reckless driving in Florida, your best course of action is to explore the defenses you might have to the charge. A criminal traffic defense attorney can review the available evidence, conduct an independent investigation, and identify weaknesses in the prosecution’s case against you.
Understanding How Long Reckless Driving Stays on Your Record
Avoiding a conviction for reckless driving charges means that no negative entry is made on your driving record. Without such a black mark, the question, “How long does reckless driving stay on your record?” becomes irrelevant to your situation.
However, if you’re convicted of or plead guilty to the offense, you could be left dealing with the effects long after you’ve paid any fines or served any jail time the court ordered.
Factors That Influence How Long Reckless Driving Remains
Reckless driving in Florida is defined as operating any motor vehicle in “willful or wanton disregard for the safety of persons or property.” It’s distinct from careless driving, which is defined as driving without due regard for the safety of persons or property. The difference between reckless driving and careless driving in Florida boils down to intent.
A law enforcement officer may charge a motorist with reckless driving if they believe the driver showed intentional indifference to the risks their driving posed. This is what’s meant by “willful or wanton disregard”: the driver knows that what they’re doing presents a real danger to other motorists, but they refuse to alter their behavior.
In contrast, careless driving is akin to negligent or inattentive driving. Careless driving charges are appropriate when the driver’s actions don’t indicate that the driver is completely indifferent to the safety of others on the road.
Examples of Reckless Driving vs. Careless Driving
The line between reckless driving and negligent driving isn’t always clear, and the wording of Florida’s laws doesn’t erase all confusion.
For example, speeding alone generally isn’t enough to constitute reckless driving. However, if a driver is speeding while weaving through heavy traffic or driving on the wrong side of the road, such behavior could justify reckless driving charges.
Seminole County Reckless Driving Penalties
Is reckless driving a felony in Florida? This is one question that many drivers facing reckless driving charges ask.
The short answer is that it depends. More specifically, whether reckless driving is a misdemeanor or felony under the Florida statutes depends on the driver’s history and whether anyone suffers bodily harm in the accident.
Florida reckless driving penalties generally include a fine and jail time. Reckless driving is a second-degree misdemeanor on a first offense and can be punished by up to 90 days in jail and up to $500 in fines.
The crime remains a second-degree misdemeanor on the second offense; however, a conviction could result in up to six months in jail and up to $1,000 in fines.
When reckless driving results in property damage, the guilty party can be charged with a first-degree misdemeanor. This offense could result in up to 12 months of jail time or probation. The offender could also be fined as much as $1,000.
If the reckless driver causes serious bodily injury, they could face third-degree felony charges. A third-degree felony can result in up to five years in prison, five years on probation, and up to $5,000 in fines.
It’s worth noting that you may be charged with other crimes in addition to reckless driving, depending on the circumstances. Some of these crimes may be felonies and would result in additional penalties if you’re convicted of them.
For example, if you were to get caught operating a vehicle recklessly while under the influence and you’re a repeat DUI offender, you could face both reckless driving and felony DUI charges.
Points on Your Florida Driver’s License
Another penalty that accompanies a conviction for reckless driving in Florida is the assessment of points on your license.
If you accumulate a certain number of points within a specific period, your driving privileges can be suspended or revoked. You may start experiencing negative consequences if you accumulate 12 points within a rolling 12-month period.
The total number of possible Florida license points for reckless driving is four. Other offenses can come with more or fewer points.
The length of time points will stay on your license can vary. Generally, these points will remain on your license for three years. However, a conviction could stay on your driving record longer if:
- It involves a wreck in which someone is seriously injured or killed
- It’s the result of you operating a vehicle under the influence of alcohol or drugs
- It relates to an accident you caused
- Your speed was grossly excessive
While the effect of having points on your record will diminish with time until they come off (if applicable), the actual violation may remain a part of your driving record. In other words, how long points stay on Florida licenses and how long a record of the traffic offense remains are separate matters.
The Florida reckless driving record duration for points versus convictions differs as well. A reckless driving conviction will show up on your driving record indefinitely, even though the points will be voided after three years.
Difference Between Driving Record and Criminal Record Timelines
A driving record isn’t the same as a criminal record.
The former is a list of all traffic-related events and violations you’ve either committed or been involved in, such as traffic accidents and reckless driving convictions. Your criminal record, meanwhile, lists all the crimes you’ve been arrested for and convicted of, including traffic offenses like reckless driving.
An offense like reckless driving can become a permanent addition to your driving record even if it isn’t on your criminal record.
Some Floridians are familiar with the expungement process that influences how to remove reckless driving from record in Florida. These people might ask, “How long does reckless driving stay on your record if you get the offense expunged or sealed?”
A successful bid for a reckless driving expungement in Florida would remove the conviction from your criminal record. However, it wouldn’t remove the same offense from your driving record. Convictions for reckless driving in Florida remain on your driving record indefinitely.
Checking Your Own Record
You have a right to review your criminal and driving records at any time, and doing so periodically can be an effective way to prevent identity theft from ruining an otherwise pristine driving record.
You can request a criminal records check on yourself by visiting the Florida Department of Law Enforcement (FDLE) website and paying a search fee. Similarly, you can contact the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) online and pay a fee.
Insurance and Employment Impacts Over Time
Avoiding points on your driver’s license isn’t just about keeping your driving privileges intact. Your insurance rates can also be affected. For this reason, it’s important to understand how reckless driving affects insurance in Florida.
Before offering you coverage, insurance companies will review your driving record to determine your risk and set your premium. Your insurer will also periodically review your record as time goes on and can increase your premium if it decides that your risk level has changed.
Similarly, if you drive for your employer, your company may look at your driving record to assess your risk and whether you qualify for coverage through the employer’s insurer.
If you have multiple points or violations on your record, your employer may not be willing or able to insure you under the company’s policy. As a result, they may need to either reassign you or terminate your employment.
As the points from a reckless driving conviction age and drop off your record, the impacts of reckless driving charges on your insurance rates and employment will lessen.
However, both insurance companies and employers are free to decide what weight they give to reckless driving charges. You could hypothetically face repercussions years after your conviction, depending on who you work for or who insures you.
CDL Holders
The employment-related consequences for a commercial driver’s license (CDL) holder are even greater.
Reckless driving can be considered a “serious traffic violation,” and multiple convictions for this or other traffic offenses can lead to disqualification for a CDL. This would mean that the driver couldn’t legally operate a commercial vehicle for up to 120 days.
Some employers have strict safety standards and won’t employ CDL drivers whom they deem to be a potential liability.
If you work for one of these employers, you could potentially be terminated after receiving your first reckless driving conviction. Other employers may also be hesitant to hire you if they know that you have reckless driving charges on your record.
Steps to Shorten the Impact of Reckless Driving on Your Record
If you’re convicted of reckless driving in Florida, your insurance rates — and potentially your employment — depend on your ability to minimize the effect the points have on your license and record. Here are some steps you can take to accomplish this:
- Be careful not to commit any further traffic violations
- Explore pretrial interventions or plea agreements to lesser charges, such as careless driving
- Take advantage of expungement or sealing to remove reckless driving charges from your criminal record, if applicable
- Periodically check your records for erroneous entries and information
A defense attorney can review your situation and advise you of what specific methods are most likely to make a meaningful difference. Remember, however, that exhibiting good driving behaviors over time is the best way to mitigate the overall impact of a conviction.
Plea Bargaining and Reduced Charges
Criminal defense attorneys who can’t get their clients’ reckless driving charges dismissed outright will often seek a favorable plea bargain. The terms of these agreements differ from case to case, but most plea bargains require the accused to plead to some offense in exchange for a lighter sentencing recommendation.
Two general types of plea bargains are possible in Florida reckless driving cases:
- The prosecutor may agree to let you plead to a less severe charge than reckless driving, provided you pay the penalties associated with that lesser charge
- The prosecutor may insist that you plead to reckless driving but agree to recommend a more lenient sentence with smaller fines or no jail time
Attorneys may also be able to enroll their clients in pretrial intervention programs, also known as diversion programs.
Not all drivers are eligible for these programs. However, for those who are, they represent a third way to avoid the consequences of a reckless driving conviction in Florida, as completing these programs typically leads to a dismissal of the charges.
Factors Affecting Plea Bargains and Pretrial Interventions
The prosecutor in your case has a considerable amount of control over whether to offer a pretrial intervention or plea bargain and, if so, what the terms should be. Some of the circumstances prosecutors consider when deciding how to approach a reckless driving case include:
- The accused’s driving record and previous driving convictions
- Whether an accident resulted and, if so, whether anyone suffered bodily harm
- The nature of the reckless driving offense
- The availability of witnesses and evidence to prove the prosecutor’s case
- Total caseload and whether they have more pressing cases that need attention
Having capable legal representation can make receiving a favorable plea deal more likely. As your dedicated legal advocate, your lawyer can make a persuasive case to the prosecution that obtaining a reckless driving conviction would be difficult, and that a plea bargain is a more appropriate resolution to your case.
Preventing Future Reckless Driving Convictions
The most effective way to ensure that a reckless driving conviction doesn’t appear on your driving record is to avoid getting one in the first place. No driver is completely immune to accidents, but there are ways you can protect yourself from the risk of a conviction for reckless driving:
- Obey all traffic laws, including those related to driving and safety equipment
- Maintain awareness of your surroundings on the road and react appropriately to hazards that arise
- Always use your turn signal when turning or merging into traffic
- Encourage passengers not to distract you while you’re driving
- Consider installing a dash camera, which can provide video evidence that you weren’t engaged in reckless driving at the time of your traffic stop
- Review your driving record periodically to make sure there are no erroneous entries resulting from clerical errors or someone using your identity
If you receive reckless driving charges or notice a reckless driving conviction on your record, consult a qualified traffic violation defense lawyer in Florida. An attorney with a deep knowledge of the law will be able to look at your situation and offer personalized advice and representation to protect your driver’s license and other rights.
Contact The Ticket Fighter Law Firm Today
If you’ve been charged with reckless driving in Florida, your first question shouldn’t be, “How long does reckless driving stay on your record in Florida?” but rather, “How can I prevent reckless driving charges from appearing on my record?”
The seasoned traffic lawyers at The Ticket Fighter Law Firm have ample experience providing clients with vigorous defenses to reckless driving charges, as well as other traffic-related offenses.
Contact us today to start raising a defense to your reckless driving charges and explore options for minimizing the harm to your driving record.