Can a Reckless Driving Charge Be Dismissed in Florida?
Reckless driving is a serious offense in Florida. It’s the closest offense to drunk driving that exists. We have seen drunk driving charges reduced to a lesser charge of reckless driving. In fact, under those circumstances, they often refer to the offense as a “wet reckless.”
A person shows a willful and wanton disregard for the person and property of others when they drive recklessly. A conviction for a first charge of reckless driving will carry a possible sentence of six months in jail and a fine not to exceed $500. A second conviction carries up to a year in jail and a fine of up to $1,000.
The Florida court system hears reckless driving cases daily. In some cases, they actually dismiss the charges. Such a dismissal is sometimes based on evidentiary grounds in return for a plea of guilty to a lesser offense like careless driving. It might also occur pursuant to a negotiated plea of guilty to reckless driving. Yet, the dismissal would be contingent upon payment of fines and court costs and compliance with any terms of probation. On a straight plea or finding of guilt, it’s unlikely that the ultimate dismissal of a reckless driving charge would be available.
Always remember that even if they dismiss the reckless driving case against you, that charge will remain on your record. However, the record of that arrest will stay with you for the rest of your life unless you have it expunged. Having the charged expunged is another process. It involves the Florida Department of Law Enforcement and the courts in the county the arrest occurred. Without that expunction, you can expect the prosecution to take a harsher approach to the disposition of a second reckless driving charge.
Contact Tampa’s Traffic Ticket Lawyer, RHINO Lawyers
If you received this type of ticket or a careless driving ticket, contact the RHINO Lawyers.
As a tough, thick-skinned law firm we offer a robust approach to traffic ticket defense and all Florida driver’s license issues. Our criminal defense team knows the importance of keeping you in the driver’s seat with a clean driving record. Moving violations can easily result in dramatically increased automobile insurance rates, substantial fines, and even driver’s license suspension. Lastly, disputing your citation is your only chance of getting it dismissed, even if you think you are “guilty.”
Can I Move My Car After an Accident in Florida?
To begin with, many people wonder if the law allows them to move their cars after an accident. As well as moving the cars before the police arrive. In a typical case, two cars hit each other on the freeway causing light damage to both cars. But then instead of pulling over, just sit in the lane to wait for police to arrive. Common sense might tell them to move to avoid getting hit. Yet, many motorists aren’t sure if they must stay in that spot or move their cars. They don’t want to do something illegal if they can help it.
Florida Law
In Florida, the law actually requires you to move your cars out of traffic. And, to a safe location after a wreck. This is common in most states. Thus, the purpose of the law is the safety of the people involved in the crash and to those in traffic vulnerable to secondary crashes.
Florida Motor Vehicle Code Section 316.061 and 316.071 require that anyone involved in a crash must attempt to move the vehicle out of the flow of traffic if possible, and if they are unable, then get help to do so.
This means if two cars get into an accident and come to a rest in traffic, then they need to drive the cars to the side of the road. If the vehicle won’t run, then they need to get help. This means that if needed, call a tow truck to move the car out of traffic.
The penalty for violating these sections is a fine and court costs which vary over time in amount. Historically, it’s rare that the Florida Highway Patrol will give out fines. However, they are out on the highways every day. As a result, they see small wrecks end up leading to a secondary with serious damage and injuries.
In a rear-end accident in April 2019, a Florida Highway Patrol Helicopter spotted two cars that collided. The cars stopped in one of the middle lanes on Brandon Boulevard approaching the onramp to I-75. A video shows several near misses that could have caused serious injuries, especially one near-miss involving a motorcycle. This poignantly illustrates how important it is to remove the cars from traffic.
What if I’m Injured?
The law requires the driver of the wrecked car to make “every reasonable effort” to move the car out of traffic. This language means that if the driver suffers injury or just incapable of moving the car, or if moving the car would actually cause more risk of injury or secondary crashes, then it’s not a violation of the law to leave it there.
In most cases, the courts will allow the driver to use common sense. However, moving the vehicle when its unreasonable to leave the vehicles there could avoid an accident, the police have the option of issuing a ticket.
Tampa Car Accident Lawyer
If you were injured in a crash, contact the Tampa Car Accident Lawyers at RHINO Lawyers today for a free consultation and case evaluation. The personal injury team at RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!”
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Can Reckless Driving Be Reduced in Florida?
The State of Florida takes reckless driving charges seriously. Even a conviction on a first offense is punishable. You could face up to 90 days in jail and a fine of up to $500. Under certain circumstances, a felony could result from a reckless driving charge. Other long-term consequences can follow a reckless driving conviction that might affect a person’s employment, educational and housing opportunities. You can even expect car insurance premiums to rise significantly.
As per Florida Statutes section 316.192, a person is guilty of reckless driving if he or she drives a vehicle in a willful or wanton disregard for the safety of persons or property. Speed alone does not constitute reckless driving. There needs another unlawful behavior coupled with it. The most common example of reckless driving might be when a driver willfully and wantonly disregards a stop sign and causes a crash when blowing through that stop sign at 50 mph. Under those circumstances, there is a high likelihood of a reckless driving charge. However, they are unlikely to receive a reckless driving charge if they rolled through that same stop sign at one or two mph and hit another vehicle.
When charged with reckless driving, it’s perfectly within the discretion of the prosecution to offer to reduce that charge to a lesser offense in return for a plea of guilty. If that is acceptable to the defendant. It’s still within a judge’s discretion to accept that plea of guilty with the terms and conditions of it. For example, they can reduce the charges from reckless driving to careless driving or failure to yield the right-of-way in return for a plea of guilty along with payment of a fine and court costs. If a judge accepts that plea of guilty, they order the terms and conditions of the plea.
Every case stands on its own set of facts. There are times when a reckless driving charge might be excessive under the circumstances. If seeking a reduction in charges you will need an experienced and effective Florida traffic attorney.
Contact Tampa’s Traffic Ticket Lawyer, RHINO Lawyers
If you received this type of ticket or a careless driving ticket, contact the RHINO Lawyers.
As a tough, thick-skinned law firm we offer a robust approach to traffic ticket defense and all Florida driver’s license issues. Our criminal defense team knows the importance of keeping you in the driver’s seat with a clean driving record. Moving violations can easily result in dramatically increased automobile insurance rates, substantial fines, and even driver’s license suspension. Disputing your citation is your only chance of getting it dismissed, even if you think you are “guilty.”
Fatal Hit-and-Run Motorcycle Crash
A fatal hit-and-run on Saturday, March 30, 2019, killed the rider after throwing them and their passenger off the bike and onto the pavement. Tragically, the operator of the motorcycle died from his wounds, and they took the passenger to a nearby hospital where she is recovering.
According to the Florida Highway Patrol, the driver of the car, a 2001 Hyundai, then fled the scene leaving the victims on the pavement. Police are still looking for the driver, and it’s unclear at this time if alcohol was a factor. Once found the driver is potentially facing felony charges of leaving the scene of an accident with serious injury. (Update: 4/1/2019 the driver turned themselves in and received a charge with leaving the scene of a fatal crash and hit-and-run crash with serious injury.)
Hit-and-Run Accidents
A victim of a hit-and-run accident faces a unique risk caused by the fleeing driver. Many times, the injured person in an accident is unconscious or unable to assist themselves even to get help. If no Good Samaritans are nearby, this delay could mean the victim is more seriously injured or dies.
Also, victims of a hit-and-run feel twice victimized, once by the accident and again when the person flees. This often adds to the stress and anxiety that already accompanies a motor vehicle accident.
Injuries at Further Risk in a Hit-and-Run
There are many types of injuries that can happen in a hit-and-run; with some putting the victim at a higher risk of death or more serious injury. They are:
- Neck Injuries: Stabilize neck injuries quickly because delays might cause more problems.
- Deep lacerations: Any loss-of-blood injuries can put the victim in danger if first aid is delayed.
- Punctured Lungs: Broken ribs can lead to a punctured lung; which can deprive a person of their ability to breathe and get oxygen.
- Heart Attack: The stress of an accident can cause a heart attack. A quick response from EMS can make a difference.
- Pregnancy/Delivery: An accident can put a pregnant woman into labor. The quicker the response, the more likely there will be a good outcome.
Liability in a Hit-and-Run
For some victims, the hit-and-run driver adds a third victimization when the bills begin piling up. Because the at-fault driver isn’t known, the person is unable to collect from that person’s insurance, and the victim wonders how they will pay their bills.
However, if they don’t find the driver there are some resources that someone can use to compensate them for their injuries:
- Medpay: This is a provision that drivers can get on their own policy that will pay for medical bills regardless of who is at fault or injured. So long as the insured or their vehicle is involved.
- Personal Injury Protection (PIP): This works similar to Medpay, but it pays medical bills and other damages like pain and suffering and loss of wages. It also pays out regardless of the person injured or at fault so long at the insured or their vehicle is involved.
- Uninsured/Underinsured (UM/UIM): Most insurance policies have uninsured/underinsured provisions. These will pay those covered by the policy for all personal injury damages; if the other driver is underinsured or has no insurance. This can include not finding a hit-and-run driver, so long as they were at fault in the accident.
Do I need an Attorney?
If a hit-and-run driver injures you or a loved one, you need to talk to an attorney. They can evaluate your circumstances and find all sources of compensation for your injuries. Don’t wait for the other driver to be found, act quickly and get the right advice.
If you were involved in a crash similar to this one, contact our personal injury team today for a free consultation and case evaluation. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Can Reckless Driving Be Expunged in Florida?
As per Florida Statute 316.192, reckless driving involves operating a vehicle with “a willful or wanton disregard for the safety of persons or property.” Any number of driving behaviors can constitute reckless driving. Those might include:
- Following a vehicle too closely.
- Intentionally running a red light or other traffic control devices.
- Weaving in and out of traffic.
Fleeing a law enforcement
Fleeing a law enforcement officer in a motor vehicle is also reckless driving. The offense is generally a second-degree misdemeanor in Florida. Punishable by up to 90 days in jail and a fine of up to $500. Under certain circumstances, reckless driving is a felony.
A closed and dismissed charge
A closed and dismissed reckless driving charge can get expunged. That includes compliance with all terms and conditions of supervisory court orders. As well as, payment of all fines and costs with successful completion of any probation. The Florida Department of Law Enforcement determines whether a person is eligible to have a reckless driving charge expunged. If a person is eligible. The department will issue a certificate of eligibility for expunction to accompany any actual petition to expunge. A person previously adjudicated guilty of any misdemeanor or a felony crime found to be delinquent as a minor, he or she is not eligible for expunction.
The Clerk of the Circuit Court where the arrest occurred destroys the expunged file. They also delete any pertinent records from the Circuit Court Clerk’s database. In addition, they order the arresting law enforcement agency to destroy its records. The Florida Department of Law Enforcement will still maintain a record of the arrest. It’s likely that the Federal Bureau of Investigation will also retain a record. Take notice the law allows only one criminal record to get expunged in your lifetime. If numerous charges result from your charge of reckless driving. The court may, in its sound discretion, order expunction of more than one charge.
Contact Tampa’s Traffic Ticket Lawyer, RHINO Lawyers
If you received this type of ticket or a careless driving ticket, contact the RHINO Lawyers.
We are a tough, thick-skinned law firm. In fact, we offer a robust approach to traffic ticket defense and all Florida driver’s license issues. Our criminal defense team knows the importance of keeping you in the driver’s seat with a clean driving record. Moving violations can easily result in dramatically increased automobile insurance rates, substantial fines, and even driver’s license suspension. Disputing your citation is your only chance of getting it dismissed, even if you think you are “guilty.”
Head-On Wrong-Way Crash Injures One in Tampa Bay
A 37-year-old woman was driving the wrong way on I-275 and struck another car head-on seriously injuring its driver. According to the Florida Highway Patrol, the wrong-way driver was driving a 2017 Subaru Forester north in the southbound lanes of I-275 near mile marker 26.5. It was around 3:15 a.m., Friday, March 22, 2019, when she struck a 2013 Buick Verano.
Right after the collision, the Subaru burst into flames, but the driver escaped in time. However, they took the driver of the Buick to Bayfront Health, St. Petersburg with serious bodily injury. The Subaru driver was charged with DUI Causing Serious Bodily Injury.
Head-On Collision Accidents
When someone is involved in a head-on collision, they are at more risk of death and serious injury according to a report from the National Highway Traffic Safety Administration. The head-on collision accounts for only 2% of all accidents in a year. Yet, they account for 10 percent of all fatalities. They are also responsible for some of the most traumatic injuries of all crash types.
Head-On Collision Injuries
The reason a head-on collision is so dangerous is because the impact is comprised of the speed and weight of both vehicles coming to a dead stop simultaneously. This throws the occupants of the car around. Thrusting them forward, backward and side to side inside of the vehicle.
Also, head-on collisions severely damage the vehicles. Cushing the passenger compartments leaving little room for those inside. Because of these dynamics, there are injuries common to a head-on collision:
- Blunt Force Trauma: The vast majority of fatalities come from the impact of the person into whatever is in front of them.
- Traumatic Brain Injury: Not always fatal and happens with the impact of the body at the time of collision.
- Thoracic Spine Injury: (Whiplash) This injury is not necessarily fatal, but it often results in paralysis. It comes from the collision throwing the body forward, stretching the spine and the neck, and then violently compressing when thrown back into the seat.
- Broken Bones: Skull fractures, facial bones, ribs and extremities such as wrists, ankles legs.
Do I need an Attorney if I’m injured in a Head-On Collision?
Before you speak to anyone from an insurance company, it’s best to talk to an experienced auto accident attorney who knows the law and is experienced in personal injury claims and head-on collision. The personal injury team at RHINO Lawyers have that knowledge and experience and can get you the compensation you deserve.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Hit-and-Run Driver Sought After Injuring Two in Tampa
Police are looking for a driver of a blue 2019 Nissan Rogue. They believe a hit-and-run around 9:45 p.m., Thursday, March 21, 2019, involved the driver. Witnesses say that the Nissan struck a Toyota Sienna Van being used as a taxi to transport a 91-year-old man. The van sustained significant damage. They took the man and the driver of the van to AdventHealth with significant injuries.
Police posted a picture of a blue 2019 Nissan Rouge similar to the one involved in the accident. Except that there will be significant damage to the one involved. Police are also offering a cash reward for information. As well as, asking anyone who knows of anything or witnessed the incident to call them at 813 247-8200. They can also call Crime Stoppers at 1-800-873-TIPS (8477).
Hit-and-Run Accidents
When a driver involved in an accident flees, it creates a higher risk for anyone injured in an accident. This is because anyone uninjured in the accident are able to call for help and even administer first aid to the victim.
In today’s world, people have cell phones, and if anyone else is around they can also call for help. Though, this can’t be relied upon in every case. In some cases, any delay in getting help can mean the injured person’s chance of survival goes down. Plus, their injuries might become more severe.
Injuries at Further Risk in a Hit-and-Run
There are many types of injuries that can happen in a hit-and-run with some putting the victim at a higher risk of death or more serious injury. They are:
- Neck Injuries: You need to stabilize neck injuries quickly because delays might cause more problems.
- Deep lacerations: Any loss-of-blood injuries can put the victim in danger if first aid is delayed.
- Punctured Lungs: Broken ribs can lead to a punctured lung which can deprive a person of their ability to breathe and get oxygen.
- Heart Attack: The stress of an accident can cause a heart attack, and a quick response from EMS can make a difference.
- Pregnancy/Delivery: An accident can put a pregnant woman into labor, and the quicker the response, the more likely there will be a good outcome.
Can I Receive Compensation for a Hit-and-Run?
Also, when a driver flees, unless they find the driver the victim is often left to face the financial burden without compensation. However, they have some resources that someone can use to compensate them for their injuries if the driver is never found:
- Medpay: This is a provision that drivers can get on their own policy that will pay for medical bills regardless of who is at fault or injured. So long as involvement included the insured or their vehicle.
- Personal Injury Protection (PIP): This works similar to Medpay, but it pays medical bills and other damages like pain and suffering and loss of wages. It also pays out regardless of the person injured or at fault. So long as involvement included the insured or their vehicle.
- Uninsured/Underinsured: Most insurance policies have uninsured/underinsured provisions. These will pay those covered by the policy for all personal injury damages; if the other driver is underinsured or has no insurance. This can include not finding a hit-and-run driver, so long as they were at fault in the accident.
Florida Auto Insurance
Florida law requires every auto insurance policy to have PIP. This would cover damages and losses stemming from a hit-and-run car accident. Since PIP pays for medical bills also, Florida drivers do not need to get Medpay.
Florida does not require motorists to have uninsured/underinsured, but most drivers carry this as it as a small add-on charge and can provide compensation in cases of a hit-and-run. However, the insured must ask specifically for this coverage.
Do I need an Attorney for a Hit-and-Run?
If you’ve been injured in a hit-and-run, you need to talk to an auto accident attorney who can evaluate your circumstances and find all sources of compensation for your injuries. Don’t wait around for them to find the other driver, act quickly and get the right advice.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” Our personal injury team describes our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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Pedestrian Accidents in St. Pete Causes One Death
Two pedestrians injured and one pedestrian died in accidents overnight Saturday and early Sunday morning, March 17, 2019. St. Petersburg Police responded to a call that a 74-year-old man was injured in a crosswalk at 28th Street N near Central Avenue about 8:30 p.m. They took the man the hospital in serious condition. Then the police arrested the driver of a Ford F-150 that had fled the scene.
Then around 1:20 a.m. in Seminole, a driver in a Mazda hit a 41-year-old man who was crossing Starkey Road near the intersection of Park Boulevard. According to the Pinellas County Sheriff’s office, the pedestrian died of his injuries. The man reportedly did not use a crosswalk. They pronounced him dead at the scene
The third accident happened near downtown St. Petersburg, around 2:30 a.m. where hundreds had gathered to celebrate St. Patrick’s Day. A Chevy Impala hit a 34-year-old man at 4th Street South and 3rd Avenue. The St. Petersburg police said that the victims suffered life-threatening injuries. They took him to Bayfront Hospital for treatment.
Who’s at Fault When a Pedestrian is Hit Crossing the Street?
According to a study by the National Highway Traffic Safety Administration, around 5,000 pedestrians die each year in auto accidents with the vast majority of them have died trying to cross a street. Since generally speaking, they made roads primarily for motorized vehicles. Therefore, outside of crosswalks, vehicles have the right-of-way. Though, many feel that the pedestrian is likely at fault if a car stricks a pedestrian.
There is support for this idea. The NHTSA also reports that out of all street crossing deaths by pedestrians, only 600 a year happen while the pedestrian was inside a crosswalk.
This means that when pedestrians properly use a crosswalk, motorists are less likely to hit them. However, this doesn’t mean that any time a car hits a pedestrian crossing the outside a crosswalk, it’s the fault of the pedestrian.
Motorists and Pedestrians are to use Due Caution
The bottom line is that before finding a motorist or pedestrian negligent, the other side must prove that they didn’t use the proper care under the circumstances. It works like this: a pedestrian injured crossing the street needs to prove the negligence of the driver of the vehicle that hit them. This means that the person failed to use the care and caution that was due to the pedestrian under the circumstances.
To determine due caution, the court will look to see if the driver acted using the level of due care that other drivers would use in a similar circumstance. If the driver did, then he or she wasn’t negligent. However, if the driver didn’t, then he acted negligently.
Next, the court looks at whether the victim was negligent. If they find he or she was, then this could either defeat the claim or reduce the amount of compensation awarded. For this, the court will look at whether the pedestrian acted using the same care and caution that other pedestrians would use in similar circumstances.
This means that if a vehicle hits a pedestrian, whether outside or inside a crosswalk, liability isn’t automatically assumed on the part of the driver or the pedestrian. Rather they will look at the actions of each considering the circumstances.
What if I’m Injured Crossing the Street?
If you are in an accident as a pedestrian, don’t assume that it’s your fault even if you were in the road and didn’t have the right-of-way. The insurance company will tell you that it was your fault, and the driver shouldn’t have to pay.
However, talk to someone who will tell you the law. Talk to an attorney who can evaluate your case and then get you compensation for your injuries.
Contact a Tampa Auto Accident Lawyer
After any crash involving a serious injury or a fatality, you should speak to our personal injury team. If you or a loved one was in a crash similar to these, contact us today for a free consultation and case evaluation. RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
Read MoreHow Long Does Reckless Driving Stay on Record?
As per Florida Statute 316.192, a person drives recklessly when he or she operates a vehicle in “willful or wanton disregard of persons or property.” A charge of reckless driving is taken seriously by Florida prosecutors and judges.
Some Florida DUI charges can get reduced to reckless driving. Given the facts of a case, law enforcement, insurance companies, and potential employers are all able to read between the lines on reckless driving cases. Although some people equate reckless driving with careless driving, there is a dramatic difference between the two.
A first reckless driving conviction is punishable by up to six months in jail. As well as, a fine not to exceed $500. Penalties on a second conviction double. Under some circumstances, you can receive a felony charge from reckless driving. On top of the possible criminal charges, there are other consequences from a reckless driving conviction.
You will receive four points on your driver’s license. You can also expect that your insurance premiums are going to dramatically increase for the next three years. A conviction can also impact job, educational and housing opportunities. Even a non-conviction of a reckless driving charge can stay with you for the rest of your life. Unless you are eligible to have the charge expunged.
You don’t want that charge following you around forever. So, before bringing a petition for expungement before a court; you’ll need to obtain a certificate of eligibility from the Florida Department of Law Enforcement. Given the number of people seeking expungements; you can expect that it will take at least six months to obtain a decision on a certificate. So make sure that you plan ahead. Always remember the law allows one expungement of a charge in your lifetime unless otherwise ordered by a court.
Contact Tampa’s Traffic Ticket Lawyer, RHINO Lawyers
If you received this type of ticket or a careless driving ticket, contact the RHINO Lawyers.
Our criminal defense team is a tough, thick-skinned law firm offering a robust approach to traffic ticket defense and all Florida driver’s license issues. We know the importance of keeping you in the driver’s seat with a clean driving record. Moving violations can easily result in dramatically increased automobile insurance rates, substantial fines, and even driver’s license suspension. Disputing your citation is your only chance of getting it dismissed, even if you think you are “guilty.”
Driver Injured in Tampa Box Truck Crash
On Wednesday, March 13, 2019, a box truck crashed into a sedan. Severely damaging the sedan and trapping the driver inside. The crash happened around 5 a.m. at the intersection of East Hillsborough Avenue and North 30th Street in Tampa. They closed Hillsborough Avenue for several hours as EMS workers had to cut the driver from the car. Paramedics immediately transported him to the hospital with life-threatening injuries.
Jaws of Life.
To save the life of the driver, first responders cut him out of his vehicle. Every day, people are freed from their vehicles by firefighters and EMS workers who use specially designed and very powerful tools.
Patented in 1961, the Jaws of Life became the first of these tools. Today, first responders use hydraulic rescue tools. Additionally, almost every county in the nation has one or has access to one.
The tools use liquid hydraulics to provide power to “jaws” that can be brought together or separated with great force. They can also cut through steel, sheet metal, and other composites used in automobiles.
Contact a Lawyer After a Crash with a Box Truck.
While we’re not certain if the trucker was at fault, we do know that truck accident cases are complex cases. As a result, they often involve multiple parties such as the trucker, truck owner, trucking company, and insurance companies. In the event you’re injured in a crash involving a box truck or a semi-truck, you’re going to want to consult with a Tampa truck accident lawyer. Involved in a crash similar to this? Contact us today for a friendly, free consultation and case evaluation.
Lastly, RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” Our personal injury team describes our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
Read More