In 2013 Brevard County had 240 reckless driving cases. Reckless driving in Brevard County is often overlooked as a traffic ticket. Reckless driving is not an ordinary traffic ticket. It is one of Florida’s hybrid misdemeanor charges that is punishable by up to 90 days in jail and a $500 fine (this is greater than the typical 60 days maximum jail sentence for a second degree misdemeanor). A second reckless driving can be punishable by up to 6 months in jail and a $1,000 fine. If the reckless driving results in damage to person or property it can be punished as a first degree misdemeanor with a maximum sentence of 1 year in jail, 1 year probation or any combination of the two and up to a $1,000 fine. If serious bodily injury occurs the case can be charged as a third degree felony with a maximum punishment of 5 years in prison and a $5,000 fine. In addition to any other penalties if the court has reasonable cause to believe that the use of alcohol, chemical substances or substances controlled under chapter 893 contributed to the reckless driving, the court shall direct the driver to complete a DUI program substance abuse education course and evaluation. The DUI program conducting the evaluation can refer the driver to a substance abuse treatment provider for substance abuse evaluation and treatment. If the driver does not complete the treatment the court shall suspend their driver’s license.
Being accused of a crime is serious and a Brevard County reckless driving ticket can result in jail or probation with substantial conditions. To prove a reckless driving case in Brevard County the State Attorney’s office must prove beyond a reasonable doubt that the driver willfully endangered person or property of another. Simply driving fast is not sufficient to establish reckless driving. Mere negligence is sufficient to establish careless driving but not reckless driving. The challenge the prosecutor faces in a reckless driving case is to prove to a jury that the driving in question was willful. Brevard County reckless driving lawyer Kevin J. Pitts is a former Florida prosecutor that has defended and prosecuted reckless driving cases. Brevard County reckless driving lawyer Heiko Moenckmeier has defended thousands of criminal charges including reckless driving cases over the years.
Just because a police officer says that you drove recklessly does not mean they can prove it. If you are accused of reckless driving in Barefoot Bay, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne, Melbourne Beach, Melbourne Village, Merritt Island, Mims, Palm Bay, Patrick Air Force Base, Rockledge, Satellite Beach, Viera, Titusville, West Melbourne and the surrounding areas call Brevard County reckless driving attorneys Kevin J. Pitts and Heiko Moenckmeier today at 321-549-7894 to set up a free consultation.
Heiko Moenckmeier, Esq.
638 Broadway Ave
Orlando, FL 32803