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Reckless Driving with Property Damage

When property is damaged as a result of someone driving a vehicle recklessly, the driver who inflicted damage is not only held responsible but is also charged with a crime.

But the very definition of “reckless driving” is open to subjective interpretation. Section 316.192 of the Florida Statutes defines “reckless driving” as occurring when “any person drives any vehicle in willful or wanton disregard for the safety of persons or property” or when a driver flees from a law enforcement officer in a motor vehicle (emphasis added).

In Palm Beach County and throughout Florida, the police will often assert that a driver acted with “willful or wanton disregard” and file a reckless driving charge when they cannot prove a driver was impaired by drugs or alcohol.

A traffic ticket or lesser “careless driving” charge may have been more appropriate if any charge is justified at all. But unlike a traffic ticket, a charge of reckless driving with property damage should not be shrugged off as a minor problem.

A charge of Reckless Driving with Property Damage raises the stakes because the offense is a first-degree misdemeanor.

A conviction for reckless driving with property damage imposes a maximum statutory penalty of up to one year in jail and a fine of up to $1,000 The court can also order the driver to pay restitution as a condition of probation.

Palm Beach Attorney for Reckless Driving with Property Damage

If you were arrested or issued a Notice to Appear for a charge of Reckless Driving with Property Damage in West Palm Beach, Florida, or anywhere in Palm Beach County, FL, then you should contact an experienced local criminal defense attorney today.

In addition to the criminal penalties you face if convicted, you could be sued for property damage and your driver’s license could also be suspended. One unfortunate incident may have catastrophic, long-term consequences if you do not act quickly to protect your rights.

A knowledgeable attorney can act on your behalf, defending your rights and your freedom. (561) 557-8686 is focused on defending drivers from all sorts of criminal charges, including reckless driving, DUI, and other traffic offenses.

We attack the prosecutor’s case at all levels. Our attorneys fight to obtain a reduction or dismissal of charges.

Meltzer & Bell, P.A. has a main office in West Palm Beach, but we also serve clients throughout Palm Beach County, including Boynton Beach, Delray Beach, Boca Raton, Wellington, Lake Worth, Jupiter, and Palm Beach Gardens.

Call Meltzer & Bell, P.A. at (561) 557-8686 today to schedule a free consultation about your Reckless Driving with Property Damage charge.

Reckless Driving with Property Damage in West Palm Beach

Anybody can file a complaint alleging property damage, including allegations of the infliction of non-serious personal injury. A dented car, a torn-up lawn, or a broken mailbox all have diminished value after being damaged by a vehicle in a crash. A responsible driver will admit an accident and pay up, within reason. Many neighborhood fender-benders and minor parking lot incidents are handled without police intervention every day.

When reckless driving is allegedly the cause of property damage, a criminal prosecution can occur. Under F.S. § 316.192(3)(c)(1), a person is guilty of Reckless Driving with Property Damage if he or she:

  • Drives any vehicle in willful and wanton disregard for the safety of persons or property; or
  • Flees a law enforcement officer in a motor vehicle

and

  • Operates a vehicle and by such operation causes damage to the property or person of another

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What is “Willful and Wonton” Disregard?

The Standard Jury Instructions in Criminal Cases (No. 28.5) issued by the Florida Supreme Court define some of the key terms related to a reckless driving prosecution.

“Willful” means intentionally, knowingly and purposely. “Wanton” means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property. (See W.E.B. v. State, 553 So. 2d 323 (Fla. 1st DCA 1989).)

Determining the intentions of a person by briefly witnessing an action — or the aftermath of an action — is fraught with speculation. A skilled criminal defense attorney can exploit these incongruities while exposing weaknesses in the prosecution’s case.

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Penalties for Reckless Driving with Property Damage

Reckless Driving with Property Damage is penalized more severely under Florida law than reckless driving without property damage, which is criminally punishable by a maximum of 90 days in jail and a fine of between $25 and $500.

According to §§ 775.082 and 775.083 of the Florida Statutes, a first-degree misdemeanor, including Reckless Driving with Property Damage, is punishable upon conviction by a sentence of up to one year in jail and a fine of up to $1,000. The court may also order restitution for damaged property or a separate civil suit may demand compensation for property damage or non-serious personal injury.

In addition, if the court has reasonable cause to believe that the use of alcohol, chemical substances, or controlled substances contributed to a reckless driving violation, the court shall direct a convicted person to complete a DUI program substance abuse education course and evaluation, as well as substance abuse treatment, if indicated (F.S. § 316.192(5)), even if evidence of alcohol use is not proved beyond a reasonable doubt.

Furthermore, a person’s driver’s license may be suspended after a conviction for reckless driving if the new conviction adds too many “points” to a driver’s record.

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Additional Resources

Florida Statutes, Title XXIII, Chapter 316, § 316.192 — Reckless Driving — Read the Florida law that defines reckless driving and enumerates the penalties for reckless driving offenses, including reckless driving with property damage.

Find an Attorney for Reckless Driving with Property Damage in West Palm Beach, FL

Reckless Driving with Property Damage is a criminal charge that could result in severe and expensive penalties. If you were charged with any type of Reckless Driving offense, you should consult with an experienced criminal defense attorney about your case as soon as possible.

The experienced criminal traffic attorneys atMeltzer & Bell, P.A. understand how the system works and we are well-prepared to represent clients throughout Palm Beach County in Reckless Driving cases, including reckless driving with property damage and other misdemeanor offenses.

We vigorously fight to defend the legal and property rights of our clients, whether they come from West Palm Beach, Boca Raton, Wellington, Boynton Beach, Jupiter or Bell Glade.

Call (561) 557-8686 today at (561) 557-8686 to schedule a meeting with one of our dedicated Palm Beach County lawyers.

This article was last updated on Friday, March 4, 2016.

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Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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