Is Reckless Driving a Felony In Florida?
Posted on: March 3, 2025- Under Florida law, reckless driving is defined as operating a vehicle with “willful or wanton disregard for the safety of persons or property.”
- While an isolated incident of reckless driving might be considered a misdemeanor, certain circumstances can lead to a felony charge.
- Penalties for reckless driving can range from points on your license to serious jail time.
- If you are injured as a result of someone’s reckless driving, it can increase the likelihood of a successful case and increase your settlement amount.
Picture this: You’re driving down Alafaya Trail when a car whizzes past you, weaving between lanes at what must be 30 mph over the speed limit. As you grip your steering wheel a little tighter, you might even state that their dangerous behavior should be considered a felony.
As personal injury attorneys with decades of experience handling Florida traffic cases, we often hear confusion about what is considered “reckless driving” as well as the consequences these drivers can face.
Read on for our thoughts on the matter and what you should do if you encounter a reckless driver.
What Is Considered Reckless Driving in Florida?
Florida Statute 316.192 defines reckless driving as operating a vehicle with “willful or wanton disregard for the safety of persons or property.” But what does this actually mean in a court of law?
In simple terms, reckless driving goes beyond mere carelessness or a momentary lapse in judgment. It’s knowing that your driving behavior is dangerous but choosing to do it anyway.
Common examples of reckless driving include:
- Excessive speeding (especially 30+ mph over the limit)
- Aggressive weaving between lanes
- Racing other vehicles
- Passing cars on blind curves
- Running multiple red lights or stop signs
- Intentionally failing to yield right-of-way
- Fleeing from a law enforcement officer
This is different from “road rage” or even careless driving, which is defined as failure to drive in a “careful and prudent manner.” Think of it this way: accidentally drifting slightly over the speed limit while adjusting your radio might be careless, but deliberately racing another vehicle through heavy traffic would be reckless.
It’s important to note that a single traffic violation isn’t usually enough to constitute reckless driving. For instance, going 10 mph over the speed limit (while still illegal) typically wouldn’t be considered “reckless” on its own.
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The short answer is: it depends.
In most cases, a first-time reckless driving offense is treated as a misdemeanor offense in Florida. However, reckless driving can be elevated to a felony charge under certain conditions:
- If the reckless driving causes serious bodily injury to another person;
- If the reckless driving results in a fatal accident;
- If the driver has previous reckless driving convictions, particularly those involving injuries.
In short, an isolated reckless driving charge won’t necessarily lead to jail time, but a pattern of dangerous driving behaviors (or a single, egregious charge) can definitely lead to harsher penalties.
Penalties for Reckless Driving
Like any traffic violation, the penalties for reckless driving are designed to fit the crime.
For instance, if it’s your first offense and you are charged with a misdemeanor, you may face up to 90 days in jail, a $500 fine, and points on your driving record. For a more serious offense, you may face a $1,000 fine, license suspension, and a few months in jail. If you cause a serious injury, you may lose your driver’s license entirely and spend up to 5 years in prison. We have seen drivers who have unfortunately killed another motorist end up in jail for five years.
However, there are several other consequences that many drivers don’t consider until it’s too late:
Insurance Impact
If you’re charged with reckless driving, insurance companies often classify you as a “high-risk driver,” causing your premiums to double or triple. Some insurance companies may even cancel your policy altogether, forcing you to seek coverage from high-risk insurers at premium rates.
The cost of auto insurance is already far too high so why complicate matters by being reckless?
Employment Consequences
Many people don’t realize that a reckless driving conviction can affect their employment opportunities, especially in jobs that require driving. Commercial drivers, delivery personnel, and even sales reps who use company vehicles may find their employment at risk.
In fact, some employers routinely check driving records as part of their background screening process. Many employers at least require that the company’s insurer clear the driver before allowing them to drive for the company, and reckless driving may be a red flag that keeps you from getting the job that you want.
Long-Term Record Impact
While points on your license may eventually expire, the conviction itself can remain on your criminal record indefinitely unless you qualify for expungement. This can affect everything from job applications to rental applications, making it crucial to take any reckless driving charge seriously from the start.
Reckless Driving & Personal Injury Claims
As any attorney can tell you, the legal consequences of a criminal offense are only part of the story. If you are injured as a result of someone’s reckless driving, this information can (and should!) be a central part of your lawsuit.
A reckless driving conviction can:
- Make it easier to prove the other driver’s fault in your injury claim
- Potentially allow you to seek punitive damages
- Affect insurance coverage and settlements
- Strengthen your negotiating position with insurance companies
However, even if the other driver isn’t convicted of reckless driving, you may still have a strong personal injury case. Civil cases involving injuries have a lower burden of proof than criminal cases.
What To Do If You’re Involved in a Reckless Driving Incident
If you’ve been involved in an accident with a reckless driver, taking these steps can protect both your safety and your legal rights:
- Make sure everyone involved is safe and call 911 immediately (either for medical attention or to report the accident;
- Document the accident scene thoroughly;
- Gather witness information and statements;
- Seek medical attention within 14 days of the accident, even if you don’t think you are injured at the scene;
- Report the incident to your insurance company; and
- Contact an experienced personal injury attorney.
Remember, Florida’s statute of limitations gives you limited time to file a personal injury claim, so it’s important to act promptly.
Putting Your Safety First
In more than 75 years of combined experience as Florida accident attorneys, reckless driving cases have been some of the most serious, causing untold injuries.
If you’ve been injured by a reckless driver, it’s crucial that you work with an experienced car accident attorney. Dealing with the justice system, insurance paperwork, and your injuries simultaneously is more than most people can handle.
Let the accident attorneys at Beers & Gordon go to work for you! Call today for a free consultation.
Jim Gordon
Jim Gordon earned his Juris Doctorate from the University of Nebraska in 1997, and two years later began working at a firm in Orlando handling insurance defense matters on cases involving vehicle accidents, negligence, product liability, and more. He established Beers & Gordon P.A. with David Beers in 2009 to represent the rights of people injured because of negligence. He is a member of the invitation-only National Trial Lawyers organization and the Million Dollar Advocates Forum.
