Fla. Stat. § 316.192

Reckless Driving

Reckless driving is a criminal charge, not just a ticket — and it can become a felony if someone is hurt. Here is the line between careless and reckless.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

Willful Disregard

Under § 316.192, reckless driving is operating a vehicle with willful or wanton disregard for safety — a higher standard than ordinary careless driving (which is a civil infraction). Street racing and fleeing are treated as reckless driving per se.

The Governing Statute
Fla. Stat. § 316.192 — Reckless Driving
"Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving."
Read the full statute on Online Sunshine →
Reckless Driving — Penalties
First offense: Up to 90 days in jail, up to $500 fine.

Second offense: Up to 6 months, up to $1,000.

Causing serious bodily injury: Third-degree felony (up to 5 years).

What a Defense Attorney Looks For

  • Willful/wanton vs. careless. Whether the driving met the criminal standard or was merely negligent.
  • Reduction opportunities — reckless driving is sometimes negotiated down from, or up to, related charges.
  • Causation in injury cases.
  • The evidence of how the vehicle was actually operated.

Frequently Asked Questions

Is reckless driving a criminal offense in Florida?
Yes. Unlike careless driving (a civil infraction), reckless driving under § 316.192 is a criminal offense involving willful or wanton disregard for safety. It can mean jail time, and becomes a felony if it causes serious bodily injury.
What is the difference between careless and reckless driving in Florida?
Careless driving is a civil traffic infraction — ordinary negligence. Reckless driving is criminal, requiring willful or wanton disregard for safety. The difference in the driver’s state of mind is the central issue.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 316.192 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.