Daytona Beach Reckless Driving Lawyer

SANFORD, Fla. - Aug. 18, 2013 - PRLog -- We often see confusion between the reckless driving (http://myduiflorida.com/florida_reckless_driving_attorney_.html) and careless driving (http://carelessdrivingflorida.com/daytona_beach_careless_driving.html) cases in Daytona Beach. Our office has had multiple clients that have been confused and either underestimated or overestimated the severity of their case. In a Daytona Beach or Volusia County reckless driving case many individuals think it is simply a traffic infraction they have to go to court for. This couldn’t be farther from the truth. A reckless driving charge is a criminal traffic offense classified as a second degree misdemeanor. Reckless driving and DUI are both hybrid misdemeanors that by statute can carry more serious punishment than a typical second degree misdemeanor. The maximum jail sentence is increased by Florida statute 316.192 from 60 days to 90 days. The maximum fine remains at $500 and maximum probation term is 6 months. If the court believes alcohol is involved, they can require a DUI course along with any treatment that is recommended. If the treatment or class is not completed the accused’s driver’s license can be suspended. Entering a plea to a reckless driving charge can leave a driver with a permanent criminal record. The reckless driving statute requires the state to prove that your driving willfully endangered the person or property of another. Simply speeding is not sufficient to show that person or property was endangered and by itself cannot sustain a reckless driving conviction. If the driving does endanger person or property, the state must establish that the act was willful. Volusia County had 222 reckless driving cases in 2012.

Daytona Beach careless driving is a civil infraction that can be paid, can be resolved by electing a basic driver improvement course and paying or can be contested in traffic court. We recommend that drivers in Volusia County contest careless driving citations. Careless driving like reckless driving requires that person or property be endangered but the state only has to show negligence instead of willfulness. In traffic court the requirement of a wheel witness can cause problems for the state. The requirement that the citation has an adequate description also can get some cases thrown out. The fine for careless driving is just over $160 and if adjudication is withheld points can be avoided. If property damage is not present insurance rates will not increase if adjudication is withheld. Volusia County had 4,541 careless driving cases in 2012.

Attorney Kevin J. Pitts has prosecuted and defended reckless driving cases in Volusia County. Mr. Pitts also frequently handles careless driving tickets and has a site dedicated to both reckless and careless driving law and defenses. Kevin Pitts has offices in Daytona Beach and Sanford.