Do you know the difference between Careless Driving and Reckless Driving?
Under Florida law, careless driving is considered a civil offense, while reckless driving is considered a criminal offense.
Reckless Driving (Florida Statute 316.192):
Reckless driving is defined as driving any vehicle in willful or wanton disregard for the safety of persons or property.
In Florida, the penalties for reckless driving vary from a misdemeanor to a felony, depending on property damage and bodily harm:
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First offense, no damage or injury: Up to 90 days in jail, or 6 months of probation, and a $500 fine.
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Second offense: Up to 6 months in jail and a $1,000 fine. If alcohol was a contributing factor, the court may impose up to 12 months of probation.
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Property damage or injury: First-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
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Serious bodily injury: Third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
Careless Driving (Florida Statute 316.1925):
Careless driving is defined as operating a vehicle on Florida roads without due regard for conditions such as width, grade, curves, corners, traffic, and other circumstances, in a way that endangers the life, limb, or property of another.
While careless driving is a civil offense, a conviction will add more points to your license than a typical traffic violation.
Examples of Careless Driving Tickets:
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Often issued after traffic accidents if the officer determines the driver was at fault.
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Can also be issued when no accident occurs if the officer believes the driver was not operating carefully.
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Typically involves two simultaneous traffic infractions.
Importantly, nobody has to be hurt and no property damage is required for a careless driving citation.
Court Requirements:
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A careless driving ticket may not require a mandatory court appearance.
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A reckless driving ticket always requires a court date because it is a criminal charge. If your reckless driving ticket does not list a court date, you must contact the Clerk of Court to schedule one. Failure to appear may result in a warrant for your arrest and a license suspension. If you have an attorney, they may be able to appear on your behalf.
Why You Need an Attorney:
If you received a careless or reckless driving ticket in Central Florida, you should have an experienced traffic attorney on your side. An attorney can help you fight the charges, protect your driving record, and work to keep points off your license.
📞 Call Gans Law today for a free consultation.

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