Tag Archives: 316.192

Can You Be Arrested for a Speeding Ticket in Florida?

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Getting arrested for speeding will depends on what kind of traffic ticket you get. In Florida there are two types of tickets: civil and criminal.

While civil traffic tickets include penalties such as fines and points, criminal tickets can result in your arrest.

Fortunately, most speeding cases in Florida are not criminal. And while some speeding tickets, such as those for going 30 miles or over are serious, they still won’t result in your arrest.

When is Speeding a Crime

Speeding is a crime when it is reckless.

Reckless driving is defined under Florida Statute 316.192 as driving in a “willful or wanton disregard for the safety of persons or property.” Examples include racing, weaving in and out of traffic while speeding, and fleeing the police.

And if an officer stops you for speeding recklessly, he will issue a traffic ticket for reckless driving; which is technically not a speeding ticket.

Penalties for Reckless Driving

The penalties will depend on the number of prior reckless driving tickets you have had, and whether there was injury or property damage.

  • First offense with no injury or property damage: Up to 90 days in jail, a $500 fine, and 4 points on your driving record.
  • Second or subsequent charge: Up to 6 months in jail, a $1,000 fine, and 4 points.
  • With injury or property damage: Up to 1 year in jail, a $1,000 fine, and license suspension.
  • With serious injury: Up to 5 years in prison, a $5,000 fine, and license suspension.

Our Florida Speeding Ticket Attorney Can Help You

Whether you have received a speeding ticket or a traffic ticket for reckless driving, our attorney can help you.

At TicketFit, our traffic ticket lawyer will examine your case and fight to dismiss or reduce your penalties. Don’t delay, call us now at (305) 775-3720 or email us for a free consultation.

Reckless Driving vs Careless Driving in Florida Explained

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At TicketFit, our traffic ticket lawyer has fought both reckless driving and careless driving tickets in Florida. And while they are often confused, there is a huge difference between these two traffic violations.

What is “Careless Driving” in Florida?

Under Florida Statute 316.1925 you must drive in a “careful and prudent manner” or you’ll get a ticket for careless driving.

RELATED: Got a Careless Driving Ticket in Florida?

Examples include speeding, weaving through traffic, or tailgating. You can also be cited if you were involved in an accident and the officer blamed you.

Penalties for Careless Driving

Careless driving is punishable by a minimum fine of $179 and 3 points on your driving record. Four points if it resulted in an accident.

RELATED: Always Fight Your Florida Careless Driving Ticket!

Points not only increase your insurance rates, but can also suspend your driver’s license.

What is “Reckless Driving” in Florida?

Under Florida Statute 316.192 if you drive in a “willful or wanton disregard for the safety of persons or property” you will receive a ticket for reckless driving.

As used in the statute, “willful” means intentional, knowing, and purposeful. While “wanton” means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property.

Examples include racing, weaving in and out of traffic while speeding, and fleeing the police.

Unlike careless driving, reckless driving is a criminal traffic offense with severe penalties. If you are cited with reckless driving, you could face license suspension, fines, and jail time.

Penalties for Reckless Driving

The penalties will depend on the number of prior reckless driving tickets you have had, and whether there was property damage or injury.

  • First offense with no injury or property damage: Up to 90 days in jail, a $500 fine, and 4 points on your driving record.
  • Second or subsequent charge: Up to 6 months in jail, a $1,000 fine, and 4 points.
  • With property damage or injury:  Up to 1 year in jail, a $1,000 fine, and license suspension.
  • With serious injury: Up to 5 years in prison, a $5,000 fine, and license suspension.

Our Florida Traffic Ticket Attorney Can Help You!

If you have received a traffic ticket for reckless or careless driving, contact our experienced traffic ticket attorney for help.

At TicketFit, our traffic ticket attorney will fight to reduce or eliminate the penalties of your traffic ticket. Don’t delay, call us now at (305) 775-3720 or email us for a free consultation.