Daytona Beach Reckless Driving Attorney Kevin J. Pitts
A Daytona Beach reckless driving citation is not like a speeding ticket that can be paid at the clerk of court. Reckless driving is a criminal traffic offense with mandatory court appearances. In 2012 Volusia County had 222 reckless driving cases. Reckless driving in Daytona Beach is classified as a second degree misdemeanor. Reckless driving is punishable by a maximum of 90 days in jail, 6 months of probation, 4 points on your license, cost of prosecution, cost of investigation, 4 hour driver improvement course and a $500 fine plus court cost for a first offense. Reckless driving is not an ordinary second degree misdemeanor because the 90 day maximum jail sentence exceeds the 60 day statutory maximum sentence for a second degree misdemeanor. This makes reckless driving one of the few hybrid misdemeanors in Florida. DUI is another example of a hybrid second degree misdemeanor. If the judge believes alcohol contributed to the reckless driving they can require the driver to complete a DUI class on top of the previously listed sanctions. The DUI class can require alcohol treatment and costs around $260. If the driver does not complete the class and treatment their driver’s license will be suspended. If the driver has a prior reckless driving conviction they can be sentenced to 180 days in jail and a $1,000 fine plus court cost. Being convicted of a Volusia County reckless driving also prevents the accused from ever sealing or expunging their record. That means a criminal record for the rest of your life. Fortunately Daytona Beach reckless driving cases have defenses. The state must prove beyond a reasonable doubt that the driving endangered person or property and that the alleged bad driving was willful. Negligence is sufficient for careless driving but not for the criminal charge of reckless driving in Daytona Beach. In Florida speeding alone is not reckless driving if the driver does not endanger person or property. Swerving without endangering others has been considered insufficient for a reckless driving conviction. If you are accused of reckless driving call Daytona Beach reckless driving attorney and former Daytona Beach prosecutor Kevin J. Pitts at 386-451-5112 for a free initial consultation.