Arrestable Offenses / Crimes under Fla. Stat. 316.192
S316.192 3a1 - MOVING TRAFFIC VIOL - RECKLESS DRIVE DAMAGE PERSON OR PROPERTY - M: F
S316.192 3a2 - MOVING TRAFFIC VIOL - RECKLESS DRIVE CAUSE SERIOUS BODILY INJURY - F: T
S316.192 3b1 - MOVING TRAFFIC VIOL - RECKLESS DRIVE DAMAGE PERSON OR PROPERTY - M: F
S316.192 3b2 - MOVING TRAFFIC VIOL - RECKLESS DRIVE CAUSE SERIOUS BODILY INJURY - F: T
S316.192 3c1 - MOVING TRAFFIC VIOL - RECKLESS DRIVE DAMAGE PERSON OR PROPERTY - M: F
S316.192 3c2 - MOVING TRAFFIC VIOL - RECKLESS DRIVE CAUSE SERIOUS BODILY INJURY - F: T
CopyCited 56 times | Published | Supreme Court of Florida | 2000 WL 256102
...Woodruff,
676 So.2d 975, 977-78 (Fla. 1996), we held that in order to establish the crime of felony DUI there be: (1) a conviction of the current misdemeanor DUI; and (2) proof of an additional element of the existence of three or more prior misdemeanor DUI convictions. §
316.192(2)(b), Fla....
CopyCited 41 times | Published | Supreme Court of Florida | 2000 WL 329427
...ary rails or tracks. "Willfully" means intentionally, knowingly, and purposely. _________ Lesser Included Offenses Category One: Fleeing to Elude Fla. Stat.
316.1935(2) Fleeing to Elude Fla.Stat.
316.1935(1) Category Two: Reckless Driving Fla. Stat.
316.192 _________ Comment This instruction is based on the text of section
316.1935(3), Florida Statutes, (Supp.1998)....
CopyCited 26 times | Published | Supreme Court of Florida | 1996 WL 254371
...We reject the district court of appeal's determination that the only difference between the two offenses is the severity of punishment. Felony DUI requires proof of an additional element that misdemeanor DUI does not: the existence of three or more prior misdemeanor DUI convictions. § 316.192(2)(b), Fla.Stat....
CopyCited 20 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1014
...and the state's interest in arresting individuals who commit them. Cf. Welsh,
466 U.S. at 754,
104 S.Ct. at 2100,
80 L.Ed.2d at 746. In the instant case, the officers had abundant probable cause to arrest Gasset for reckless driving in violation of section
316.192, Florida Statutes (1983) (for a first conviction, punishable up to 90 days imprisonment and $500 fine), and fleeing or attempting to elude a police officer in violation of section
316.1935(1), Florida Statutes (1983) (punishable up to one year imprisonment and $1,000 fine)....
CopyCited 20 times | Published | Florida 1st District Court of Appeal | 1994 WL 148147
...tion for judgment of acquittal as to the count one charge of battery of Officer James. However, we reach a different result with respect to the denial of judgment of acquittal as to the count three charge of reckless driving. Under the provisions of section 316.192(1), Florida Statutes, "[a]ny person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving." "Willful" means "intentionally, knowingly and purposefully;" "wanton" mean...
CopyCited 18 times | Published | Supreme Court of Florida | 13 Fla. L. Weekly 591
...State,
509 So.2d 261, 264 (Fla. 1987) (Shaw, J., dissenting). The statutory elements of vehicular homicide include the killing of a human being. §
782.071, Fla. Stat. (1985). The statutory elements of reckless driving include disregard for the safety of persons or property. §
316.192, Fla....
...er in a reckless manner likely to cause the death of, or great bodily harm to, another." §
782.071, Fla. Stat. (1985). Reckless driving, a misdemeanor, is "driv[ing] any vehicle in willful or wanton disregard for the safety of persons or property." §
316.192, Fla....
CopyCited 18 times | Published | Supreme Court of Florida | 2008 WL 4240161
...So.2d at 694. In order to establish the crime of felony DUI, there must be a conviction of misdemeanor DUI on the current charge and proof of an additional element of the existence of three *968 or more prior misdemeanor DUI convictions. Id. (citing § 316.192(2)(b), Fla....
CopyCited 18 times | Published | Florida 1st District Court of Appeal
...Whether the trial court erred in rejecting appellant's requested jury instruction defining the "recklessness" element in the vehicular homicide statute as "driving with willful or wanton disregard for the safety of other persons," which is the statutory definition of the separate offense of reckless driving in section 316.192, Florida Statutes (1982 Supp.)....
...to this instruction because the essential element of the offense of vehicular homicide is reckless driving and the offense of reckless driving is defined by statute as driving with "willful or wanton disregard for the safety of persons or property." § 316.192, Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1992 WL 235340
...vehicle by another in a reckless manner likely to cause the death of or great bodily harm to another. §
782.071(1), Fla. Stat. (1989). Reckless driving is driving any vehicle with a willful or wanton disregard for the safety of persons or property. §
316.192(1), Fla....
...ould be corrected. AFFIRM in part; REVERSE in part; REMAND. GOSHORN, C.J., and HARRIS, J., concur. NOTES [1] §
316.193(3)(a), (b), (c)3, Fla. Stat. (1989). [2] §
316.193(3)(a), (b), (c)2, Fla. Stat. (1989). [3] §
322.34(3), Fla. Stat. (1989). [4] §
316.192, Fla....
...Stat. (1989). [5] §
316.193(3)(a), (b), (c)2, Fla. Stat. (1989). [6] DUI/Manslaughter is a felony of the second degree, §
316.193(3)(a), (b), (c)3. Vehicular homicide is a felony of the third degree, §
782.071(1). Reckless driving is a misdemeanor, §
316.192....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14586, 2011 WL 4056179
...Vehicular homicide cannot be proven without also proving the elements of reckless driving, which requires proof of a “willful or wanton disregard for the safety of persons or property.” See State v. Del Rio,
854 So.2d 692, 693 (Fla. 2d DCA 2003); §
316.192(1), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2229
...Although evincing a flagrant disregard for the safety of others is a valid reason for departure, Scurry v. State,
489 So.2d 25 (Fla. 1986), such conduct in this case constituted a charge arising from the same criminal *882 episode which was not filed against the appellant. Section
316.192, Florida Statutes (1985) provides that "any person who drives a vehicle in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving." This reason therefore was also invalid....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2007 WL 776539
...By definition, the crime cannot be proved without also proving the elements of reckless driving. See State v. Del Rio,
854 So.2d 692, 693 (Fla. 2d DCA 2003). Reckless driving is defined as driving with a willful or wanton disregard for safety. See Lewek v. State,
702 So.2d 527, 530 (Fla. 4th DCA 1997); §
316.192(1), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2005 WL 1312697
...By definition, the crime cannot be proved without also proving the elements of reckless driving. See State v. Del Rio,
854 So.2d 692, 693 (Fla. 2d DCA 2003). Reckless driving is defined as driving with a willful or wanton disregard for safety. See Lewek v. State,
702 So.2d 527, 530 (Fla. 4th DCA 1997); §
316.192(1), Fla....
CopyCited 8 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 10534, 1993 WL 287397
...valid because he had probable cause to arrest Plaintiff for reckless driving and driving under the influence. Plaintiff was cited for careless driving, a non-criminal traffic offense, rather than reckless driving, a criminal offense. Florida Statute Section 316.192 provides: "Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving." Officer Desjardins admitted in his deposition that he did not believe that when Plaintif...
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1994 WL 415151
...The degree of culpability required for a vehicular homicide is less than that needed for manslaughter, but more than a mere failure to use ordinary care. See McCreary v. State,
371 So.2d 1024 (Fla. 1979). It must at least encompass reckless driving, which is driving in a willful or wanton disregard for safety. §
316.192(1), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...er requires the jury to find the vehicle was operated in a willful, wanton and reckless manner likely to cause death or great bodily harm, while the former uses only the adjective reckless. Appellant contends that since the reckless driving statute, section 316.192, defines that crime as the operation of a motor vehicle "in willful or wanton disregard for the safety of persons or property ...," and since proof of reckless driving is necessary to proof of vehicular homicide, Chikitus, supra, the...
...Since the evidence as to the proscribed conduct was sufficient to submit to the jury, there was no error in denying appellant's motion for directed verdict of acquittal. The judgment of conviction is AFFIRMED. COBB, J., and GREEN, OLIVER L., Associate Judge, concur. NOTES [1] Section 316.192, Florida Statutes (1977)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21713681
...Shands,
373 So.2d 904, 905 (Fla.1979). Thus, the State must necessarily adduce evidence showing conduct at least sufficient to constitute reckless driving which is defined as involving a "willful or wanton disregard for the safety of persons or property." See §
316.192, Fla. Stat. (2000). Merely proving careless driving, see §
316.1925, Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2078, 2010 WL 624169
...y harm to, another." §
782.071, Fla. Stat. (2006). Vehicular homicide, by definition, requires proving reckless driving, which is "driving with a willful or wanton disregard for safety." D.E. v. State,
904 So.2d 558, 561 (Fla. 5th DCA 2005); accord §
316.192(1)(a), Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2004 WL 2952839
...believe that the person [arrested] is guilty of" a criminal offense. Mailly v. Jenne,
867 So.2d 1250, 1251 (Fla. 4th DCA), review denied,
884 So.2d 23 (Fla.2004). Here, the arresting officer had probable cause to arrest Daniel for reckless driving. Section
316.192(1), Florida Statutes (2003), provides that "[a]ny person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving." Three witnesses gave the arresting officer information that supported the reckless driving charge....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1996 WL 46595
...§
782.071(1), Fla.Stat. (1991). The state is required to prove reckless driving, which is driving in a willful or wanton disregard for safety. State v. Esposito,
642 So.2d 25 (Fla. 4th DCA 1994); W.E.B. v. State,
553 So.2d 323 (Fla. 1st DCA 1989); see §
316.192(1), Fla.Stat....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2001 WL 574907
...Since 1974, most traffic violations have been classified as civil infractions. See §
318.12, Fla. Stat. (2000). However, the legislature has wisely decided to classify DUI and reckless driving as criminal offenses precisely because they are "reasonably expected" to result in bodily injury or property damage. See §
316.192, .193, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1987 WL 2668
...First is manslaughter, then vehicular homicide and next, reckless driving. See McCreary v. State,
371 So.2d 1024, 1027 (Fla. 1979). Vehicular homicide is a felony of the third degree punishable by 5 years in prison, and reckless driving is a misdemeanor punishable by 90 days to 6 months in prison. See §§
782.071 and
316.192 Florida Statutes....
... "Vehicular homicide" is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vehicular homicide is a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. Section
316.192 Florida Statutes (1985) provides in pertinent part:
316.192 Reckless driving....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1992 WL 259785
...While the surveillance team was following the pickup truck, the truck made an "abrupt" U-turn and drove through a residential community "kicking up dirt" at speeds exceeding 80 m.p.h. This act of reckless driving created probable cause for the police to arrest defendant Orozco. Section 316.192, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1998 WL 31507
...[2] There is a difference, in logic if not at law, in going 80 miles an hour in a 70 miles an hour zone and speeding down an off ramp not knowing whether or how many cars are stopped at the traffic light below. Triplett's actions appear to constitute the uncharged misdemeanor of reckless driving. See section 316.192, Florida Statutes....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...of willful or wanton conduct. In addition, the conduct must be intentionally embarked upon by the actor with the realization that it probably will cause injury to another. Annot., 52 A.L.R.2d 1337 (1957). Similarly, "reckless driving" is defined by section 316.192, Florida Statutes (1981), as driving a vehicle in "willful or wanton disregard for the safety of persons or property......
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 WL 27507
...We answer the certified question "yes;" and we quash the suppression and dismissal orders and remand for further proceedings. CERTIFIED QUESTION ANSWERED; dismissal and suppression orders QUASHED; REMANDED. HARRIS, J., concurs. DAUKSCH, J., concurs in conclusion only without opinion. NOTES [1] § 316.192, Fla. Stat. (1989). [2] § 316.1925, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2016 WL 2747665, 2016 Fla. App. LEXIS 5908
...“Vehicular homicide cannot be proven without also proving the elements of reckless driving, which requires proof of a ‘willful or wanton disregard for the safety of persons or property.’ ” Santisteban v. State,
72 So.3d 187, 195 (Fla. 4th DCA 2011) (quoting §
316.192(1)(a), Fla....
...le negligence. Vehicular homicide “cannot be proven without also proving the elements of reckless driving, which requires proof of a ‘willful or wanton disregard for the safety of persons or property.’ ” Santisteban,
72 So.3d at 195 (quoting §
316.192(l)(a), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2007 WL 1514435
...We conclude that under the facts of this case, the trial court did not abuse its discretion in denying Thomas' request for self-representation. AFFIRMED. PLEUS, C.J. and ORFINGER, J., concur. NOTES [1] §
316.1935(1), Fla. Stat. (2005). [2] §
843.02, Fla. Stat. (2005). [3] §
316.192(1), (2)(a), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1998 WL 241285
...I and to resentence the defendant on counts II and V. REVERSED and REMANDED. COBB and PETERSON, JJ., concur. NOTES [1] The judge who denied the defendant's motion for postconviction relief was not the judge who initially sentenced the defendant. [2] § 316.192, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 1642, 2008 WL 336793
...Del Rio,
854 So.2d 692, 693 (Fla. 2d DCA 2003). Thus, the State must necessarily adduce evidence showing conduct at least sufficient to constitute reckless driving, defined as involving a "willful or wanton disregard for the safety of persons or property." See §
316.192, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1093048
...For the reasons stated, we quash the circuit court order and reinstate the county court's ruling. We certify direct conflict with Rutherford, Klossett, and Johnson. Certiorari granted; direct conflict certified. NOTES [1] See §
316.193(3)(c), Fla. Stat. (1997). [2] See id. §
316.192....
CopyCited 2 times | Published | Supreme Court of Florida | 2013 WL 6124277
...ructions as discussed below, as proposed by the Committee except as noted otherwise, and authorize the amended jury instructions for publication and use. Instruction 28.5 (Reckless Driving) is amended to take into account two separate offenses under section 316.192, Florida Statutes (2012). Subsection (l)(a) defines traditional reckless driving, while subsection (l)(b) defines a non-traditional form of the offense, as it provides that “[fjleeing a *693 law enforcement officer in a motor vehicle is reckless driving per se.” § 316.192(l)(b), Fla....
...or applicability. The instructions as set forth in the appendix shall be effective when this opinion becomes final. It is so ordered. POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur. APPENDIX 28.5 RECKLESS DRIVING § 316.192(l)(a) and (l)(b), Fla. Stat. To prove the crime of Reckless Driving, the State must prove the following two — elements beyond a reasonable doubt: Give if § 316.192(l)(a), Fla....
...Stat. is charged. Lr (Defendant) drove a vehicle in Florida with a willful or wanton disregard for the safety of persons or property. 2, — [He][She]-did-so-with a willful- or wanton disregard for-the-safety-of persons or property. Give if Fla. Stat. § 316.192 (l)(b), Fla. Stat. is charged. (Defendant), while driving a motor vehicle, fled from a law enforcement officer. Give if applicable. Fla. Stat. § 316.192 (3)....
...A “vehicle” is any device in, upon, or by which any person or property is, or may be, transported or drawn upon a highway, except bicycles or “mopeds-”-or *695 devices used exclusively upon stationary rails or tracks. Give if applicable. Fla. Stat. § 316.192 (3) (c)2....
...r Fla. Stat.
418.30 and the recreational facilities of which district are open to the general public. Lesser Included Offenses No lesser included-offenses-have been identified-fog4his-offense.- *696 RECKLESS DRIVING CAUSING SERIOUS BODILY INJURY —
316.192(1);
316.192(3)(a)(b)(c)2 CATEGORY ONE_CATEGORY TWO FLA. STAT._INS. NO, Reckless driving causing
316.192(3)(a)(b)(c)l 28.5 injury_ Reckless driving_
316.192(l)(a)28.5 Reckless driving causing
316.192(3)(a)(b)(c)l 28.5 property damage Comment This instruction was adopted in 1981 and amended in 2013....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 17874, 2011 WL 5416331
...We know that the crimes the defendant has been convicted of in the instant case arose out of the same criminal transaction, so the first step in the inquiry is to determine whether there is a clear statement of legislative intent to authorize or to prohibit separate punishments for violations of sections 316.192(3)(c)2....
...constitute separate criminal offenses committed in a single transaction shall be punished separately for each offense. Offenses are separate offenses if each requires proof of an element that the other does not. Both statutes at issue here, sections 316.192(3)(c)2....
...e of this state's regulation of homicide." Houser,
474 So.2d at 1196. However, the two statutes at issue in the instant case are not homicide statutes. One involves the regulation of driving on public roads and the other regulates licenses to drive. Section
316.192(3)(c)2....
...im does not preclude the court from convicting and sentencing the defendant for each offense. Therefore, all convictions and sentences are affirmed. AFFIRMED. ORFINGER, C.J., and JACOBUS, J., concur. NOTES [1] §
322.34(6)(b), Fla. Stat. (2009). [2] §
316.192(3)(c)2., Fla....
...Kelso,
961 So.2d at 280. Subsequent amendments renumbered section
775.021(4) to
775.021(4)(a) and added section
775.021(4)(b) to emphasize preference for the Blockburger test over the rule of lenity with three exceptions. Id. at 281. [6] Reckless driving under section
316.192(3)(c)2....
...rsons or property.' W.E.B. v. State,
553 So.2d 323, 326 (Fla. 1st DCA 1989) (quoting Fla. Std. Jury. Instr. (Misd.) (reckless driving))."). A violation of section
322.34(6)(b) cannot be a necessarily lesser included offense of reckless driving under section
316.192(3)(c)2....
CopyCited 2 times | Published | Supreme Court of Florida | 1996 WL 266141
...In the instant case, the auto chase that ensued after the officer attempted to stop Barr constituted criminal conduct. Barr could have been charged either with fleeing or attempting to elude a law enforcement officer pursuant to section
316.1935(1), Florida Statutes (1993), or with reckless driving pursuant to section
316.192(1), Florida Statutes (1993)....
...[2] At the time of Barr's arrest, fleeing or attempting to elude an officer was punishable by imprisonment for a period not to exceed one year. §
316.1935(1), Fla.Stat. (1993). [3] Reckless driving is punishable for up to ninety days imprisonment for a first offense and up to six months imprisonment for a second offense. §
316.192(2)(a), (b), Fla.Stat....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 1610169
...r which Cruz was convicted. The only category *1282 one lesser-included offense is fleeing to elude, section
316.1935(2). On this, the trial court properly instructed the jury. The only category two lesser-included offense named is reckless driving, section
316.192, Florida Statutes the other statute for which Cruz was convicted....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 478
...Stroud,
189 So.2d 206 (Fla. 2d DCA 1966), involving a multiple-car, rear-end collision, where the court affirmed the trial court's failure to give an instruction because the issue of recklessness was not pleaded. [3] Instruction quoted, supra, is from Section
316.192, Florida Statutes, "Reckless driving."
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1999 WL 1082477
...As for Mr. Wilson's claim of sentencing error, we agree that we must vacate the sentence imposed on the reckless driving conviction because, upon a second or subsequent conviction for reckless driving, the maximum sentence is six months' imprisonment. See § 316.192(2)(b), Fla....
...Wilson was improperly sentenced to a term of 364 days imprisonment. Accordingly, we remand this matter to the trial court for purposes of resentencing. AFFIRMED in part; REVERSED in part; REMANDED. COBB and PETERSON, JJ., concur. NOTES [1] §
316.193(3)(c)3, Fla. Stat. (1997). [2] §
316.192(1), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 3740781
...Williams' right to a speedy trial was violated, we reverse the judgment/sentence and remand with directions to the trial court to discharge Williams. According to a March 18, 2003, Florida Uniform Traffic Citation, Williams was cited for "Reckless Driving; Willful and Wanton." The form cited section 316.192, Florida Statutes, and included a checkmark in the box indicating the following: "Criminal Violation....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1992 WL 200360
...are admissible evidence. [13] *1386 We agree with the First District that the rules adopted by HRS for blood alcohol testing meet the requirements of section
316.1932(1)(f)1, Florida Statutes; [14] but we also question whether, in the present case, section
316.192(1)(f)1 is the statute that must be complied with....
...his case. Defendant's first Motion to Suppress, in fact, challenges the sufficiency of the requesting officer's probable cause to believe there was serious bodily injury. [3] §
316.193, Fla. Stat. (1989). [4] §
843.15(1)(a), Fla. Stat. (1991). [5] §
316.192, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...urt and State.
He argued that he did not defend on the added element of wanton
disregard while fleeing. See §
316.1935(2)(a), Fla. Stat. (2016). When the
State pointed out that the reckless driving charge had the same wanton
disregard language, see §
316.192(1)(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 8504, 2014 WL 2480261
...ch or strike [the victim] against his will with a deadly weapon, to wit: a Kia Sephia four-door automobile,” while reckless driving occurs when a person “drives any vehicle in willful or wanton disregard for the safety of persons or property.” § 316.192(l)(a), Fla....
...However, the crime of reckless driving does not require the state to prove any such intent. Instead, the crime of reckless driving requires the state to prove that the defendant merely drove a vehicle “in willful or wanton disregard for the safety of persons or property.” § 316.192(l)(a), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 8266
...By definition, the crime cannot be proved without also proving the elements of reckless driving. See State v. Del Rio,
854 So.2d 692, 693 (Fla. 2d DCA 2003). Reckless driving is defined as driving with a willful or wanton disregard for safety. See Lewek v. State,
702 So.2d 527, 530 (Fla. 4th DCA- 1997); §
316.192(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21360109
...Allen Fonteyne challenges the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Fonteyne claims that his sentence of one year of probation for reckless driving is illegal because it exceeds the statutory maximum for that offense. We agree and reverse. Section 316.192(2)(a), Florida Statutes, provides that any person convicted of reckless driving shall be punished upon first conviction by imprisonment for a period of not more than ninety days....
CopyCited 1 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 17356, 2005 WL 1876112
...However, the dispute as to the color of the light is not determinative, as the Court finds ample support, based on the undisputed fact that Plaintiff was driving at an excessive rate of speed through a residential and construction area, for a finding of probable cause. Section 316.192(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 18394, 2009 WL 4282605
...5(3)(a), Florida Statutes (2007), a second-degree felony. Mr. Joerin argues that double jeopardy principles bar his fleeing or eluding conviction because he had previously pleaded nolo contendere to and been sentenced for a reckless driving offense, section 316.192(1), stemming from the same series of events that gave rise to the fleeing or eluding charge....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 12272, 1998 WL 654159
...ground for setting aside the jury’s finding of guilt on vehicular homicide. See Gonzalez v. State,
440 So.2d 514 (Fla. 4 th DCA1983). REVERSED and REMANDED. GOSHORN, J., concurs. COBB, J., concurs specially with opinion. . §
782.071, Fla. Stat. . §
316.192, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 4748087, 2012 Fla. App. LEXIS 16843
SILBERMAN, Chief Judge. Johnathan J. Cantlon appeals his sentence of one year in jail for reckless driving. Because Cantlon’s sentence exceeds the statutory maximum for a conviction of reckless driving under section 316.192(2), Florida Statutes (2007), we reverse....
...The jury found Cantlon guilty of reckless driving, and the trial court sentenced him to one year in jail. Cantlon filed a motion to correct the sentence and argued that based on the jury’s findings, ninety days was the maximum sentence he could receive for a first offense of reckless driving under section
316.192(2)(a). He noted that the jury verdict did not include any finding that he caused damage to the *720 property or person of another, which would have supported a one-year sentence under section
316.192(3). The trial court denied the motion to correct sentence and this appeal followed. 2 Section
316.192(l)(a) provides: “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” A first conviction of reckless driving is punishable by a period of not more than ninety days’ imprisonment, and subsequent convictions are punishable by a period of not more than six months’ imprisonment. §
316.192(2). However, section
316.192(3)(c)(l) provides that when a reckless driver, by reason of his or her operation of a vehicle, causes damage to the property or person of another, the punishment may be up to one year’s imprisonment. See §
775.082(4)(a), Fla. Stat. (2007). And section
316.192(3)(c)(2) authorizes punishment of up to five years’ imprisonment if the driver’s actions cause serious bodily injury to another. See §
775.082(3)(d). On appeal, Cantlon again argues that his one-year sentence for reckless driving constitutes an illegal sentence because it exceeds the maximum sentence permitted under section
316.192(2)....
...State,
955 So.2d 517, 523 (Fla.2007). Based on our review of the evidence presented at trial, we cannot agree that the harmless error test has been met. Therefore, because Cantlon’s sentence exceeds the statutory maximum for reckless driving under section
316.192(2), the crime for which he was found guilty, we reverse the sentence and remand to the trial court to enter a corrected sentencing order consistent with this opinion....
CopyPublished | Florida 3rd District Court of Appeal | 1996 Fla. App. LEXIS 11212, 1996 WL 625625
...However, there was no accident, no injuries, and no suggestion that the defendant was under the influence of alcohol or any illegal substances. Upon conviction of the reckless (hiving charge, defendant was sentenced to ninety days incarceration, which is the legal maximum for that offense. § 316.192(2)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 5729798, 2013 Fla. App. LEXIS 16780
...ss driving, which itself “requires proof of a ‘willful or wanton disregard for the safety of persons or property.’ ” Santisteban v. State,
72 So.3d 187, 195 (Fla. 4th DCA 2011); Berube v. State,
6 So.3d 624, 625 (Fla. 5th DCA 2008); see also §
316.192(1), Fla....
CopyPublished | Supreme Court of Florida | 1980 Fla. LEXIS 4368
Court convicted Byrd of reckless driving under section
316.192(1), Florida Statutes (1977), which provides
CopyPublished | Court of Appeals for the Eleventh Circuit
...Harrigan was apprehended and brought to a hospital for
treatment of his gunshot wound.
Harrigan was charged and tried in a Florida state court for (1) fleeing to
elude a law enforcement officer, in violation of Fla. Stat. §
316.1935(3)(a);
(2) reckless driving, in violation of Fla. Stat. §
316.192(1); (3) leaving the scene of
an accident involving property damage, in violation of Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 15273, 2014 WL 4852853
...5th DCA 2007); see also D.E. v. State,
904 So. 2d 558 (Fla. 5th DCA 2005); State v. Del Rio,
854 So. 2d 92 (Fla. 2d DCA
2003). Reckless driving, in turn, is defined as driving “… in willful or wanton
disregard for the safety of persons or property….” §
316.192(1)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...nior
Assistant Attorney General, for appellee.
Before LOGUE, C.J., and SCALES and HENDON, JJ.
HENDON, J.
Coffer Kenneth, a/k/a Kenneth Coffer (“Defendant”), appeals his
conviction and sentence for reckless driving in violation of section 316.192
of the Florida Statutes. Based on the following, we reverse.
I. FACTS
The Defendant was charged by amended information with several
offenses, including reckless driving, a second degree misdemeanor, in
violation of section 316.192 (Count 3)....
...As to the charge of reckless driving,
the amended information asserted the Defendant “did drive a vehicle in
willful or wanton disregard for the safety of others or property, to wit:
passed four vehicles by traveling in the wrong lane of travel in a residential
area, in violation of s. 316.192, Fla....
...3
reviewed de novo. Leggett v. State,
237 So. 3d 1144, 1146 (Fla. 3d DCA
2018).
III. ANALYSIS
The Defendant contends the evidence presented by the State was
insufficient to establish the crime of reckless driving as defined by section
316.192(1)(a). We agree.
Section
316.192(1)(a) defines reckless driving as follows: “Any
person who drives any vehicle in willful and wanton disregard for the safety
of persons or property is guilty of reckless driving.” “‘Willful’ means
intentiona...
...State,
318 So. 3d 645, 647 (Fla. 2d DCA 2021) (quoting State v.
Desange,
294 So. 3d 433, 437 (Fla. 2d DCA 2020)) (footnote omitted). If
the State only proves that the “defendant drove carelessly, it is insufficient
to prove reckless driving under [section
316.192(1)(a)].” Harris v....
...nishable as a moving
violation, not reckless driving. See §
316.087(1)(c), (3), Fla. Stat. (2020).
Thus, based on the evidence presented to the jury, the State did not
establish that the Defendant committed the offense of reckless driving
under section
316.192(1)(a)....
CopyPublished | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 11967, 1996 WL 660998
W. SHARP, Judge. Whitehead appeals from his sentence imposed after entering into a plea agreement with the state. The state concedes that the sentence he received of six months probation for reckless driving 1 was illegal. Section 316.192(2)(a) provides: Any person convicted of reckless driving shall be punished: (a) upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25.00 nor more than $500.00, or by both such fines and imprisonment....
...4th DCA 1994); Dyer v. State,
629 So.2d 285 (Fla. 5th DCA 1993); Conrey v. State,
624 So.2d 793 (Fla. 5th DCA 1993). Accordingly, we vacate the sentence and remand for resentencing. Sentence VACATED; REMANDED for resentencing. COBB and THOMPSON, JJ., concur. . §
316.192, Fla....
CopyPublished | Florida 1st District Court of Appeal
...lesser-included offense. State v. Knighton,
235 So. 3d 312, 315 (Fla.
2018) (quoting Khianthalat,
974 So. 2d at 361).
The offense of reckless driving involves driving a vehicle “in
willful or wanton disregard for the safety of persons or property.”
§
316.192(1)(a), Fla....
CopyPublished | Supreme Court of Florida
...n Florida
law.
B. Application in This Case.
We now turn to whether the information charging Anderson with aggravated
assault with a deadly weapon alleged all statutory elements of reckless driving.
“Reckless driving” is defined in section 316.192(1)(a), Florida Statutes (2014),
which states that “[a]ny person who drives any vehicle in willful or wanton
disregard for the safety of persons or property is guilty of reckless driving.”
Florida’s standard jury instructions provide the following instruction for a violation
of section 316.192(1)(a):
To prove the crime of Reckless Driving, the State must prove
the following beyond a reasonable doubt:
(Defendant) drove a vehicle in Florida with a willful or wanton
disregard for the safety of persons or property.
See Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1998 WL 135227
...Bock, Assistant Attorney General, Tampa, for Appellee. FRANK, Acting Chief Judge. Stephanie Benton has appealed from her convictions for felony fleeing to elude, a violation of section
316.1935(2), Florida Statutes (1995), and reckless driving, a violation of section
316.192(1), Florida Statutes (1995)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1519, 1985 Fla. App. LEXIS 14637
...If each offense has at least one element that the other lacks, the offenses constitute separate crimes even though they may arise from the same act or factual event. Baker,
456 So.2d 419 ; Gibson ; §
775.021(4), Fla.Stat. (1983). Because reckless driving, §
316.192, Fla.Stat....
...Thus, even though both charges arise from the same act, double jeopardy principles present no impediment to Lappin’s prosecution for both offenses. For these reasons, we reverse the lower court’s dismissal of the aggravated assault charge and remand for further proceedings in accordance with this opinion. . Section 316.192(1), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal
...1st DCA 2018).
Undoubtedly, the pedestrians who were almost hit by the
fleeing driver were afraid of being struck by the vehicle. But did
the fourteen-year-old driver intend to put the pedestrians in fear
of being struck or did the driver recklessly endanger the
pedestrians? See § 316.192(1)(a), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 12, 2024
...23-11280 Opinion of the Court 7
under arrest and transferred him to the City of Miami Police Officer
Station.
Scott was charged with reckless driving, Fla. Stat.
§ 316.192(3), leaving the scene of an accident, id....
CopyPublished | Florida 4th District Court of Appeal
...See Santisteban
v. State,
72 So. 3d 187, 195 (Fla. 4th DCA 2011) (“Vehicular homicide cannot be
proven without also proving the elements of reckless driving, which requires proof
of a ‘willful or wanton disregard for the safety of persons[.]’” (citing §
316.192(1),
Fla....
CopyPublished | Supreme Court of Florida
...towed by another vessel upon the waters of the state.
Lesser Included Offenses
VEHICULAR OR VESSEL HOMICIDE –
782.071 or
782.072
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Reckless driving
316.192 28.5
Reckless operation of
327.33
vessel
Culpable negligence
784.05(2) 8.9
Culpable negligence
784.05(1) 8.9
Comments...
...Stat., which, unlike §
316.063, Fla. Stat., contains an
explicit willfulness requirement.
This instruction was adopted in 2016 [
192 So. 3d 1190] and amended in
2018 [
236 So. 3d 244], and 2019.
28.5 RECKLESS DRIVING
§
316.192(1)(a) and (1)(b), Fla. Stat.
To prove the crime of Reckless Driving, the State must prove the
following beyond a reasonable doubt:
Give if §
316.192(1)(a), Fla. Stat. is charged.
(Defendant) drove a vehicle in Florida with a willful or wanton
disregard for the safety of persons or property.
Give if Fla. Stat. §
316.192(1)(b), Fla. Stat. is charged.
(Defendant), while driving a motor vehicle, fled from a law
enforcement officer.
Give if applicable. Fla. Stat. §
316.192(3), Fla....
... A “vehicle” is any device in, upon, or by which any person or property
is, or may be, transported or drawn upon a highway[, except personal delivery
devices, mobile carriers, and devices used exclusively upon stationary rails or
tracks].
Give if applicable. Fla. Stat. § 316.192(3)(c)2, Fla....
...eated
under Fla. Stat.
418.30 and the recreational facilities of which district are
open to the general public.
Lesser Included Offenses
RECKLESS DRIVING CAUSING SERIOUS BODILY INJURY —
316.192(1);
316.192(3)(a)(b)(c)2
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
Reckless driving causing
316.192(3)(a)(b)(c)1 2228.5
injury
Reckless driving
316.192(1)(a) 28.5
Reckless
316.192(3)(a)(b)(c)1 28.5
driving
causing
property
damage
Comment
This instruction was adopted in 1981 and amended in 2013 [131 So....
...Lesser Included Offenses
FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER —
316.1935(1)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Reckless Driving (if
316.192(1)(b) 28.5
there was evidence
that the fleeing was in
a motor vehicle)
Disobedience to Police
316.072(3) 28.18
or Fire Department
Officials*...
...FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER —
316.1935(2)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Fleeing to elude
316.1935(1) 28.6
Reckless Driving (if
316.192(1)(b) 28.5
there is evidence that
the fleeing was in a
motor vehicle)
Disobedience to Police
or Fire Department
316.072(3) 28.18
Officials*...
...CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Fleeing to elude
316.1935(2) 28.7
Fleeing to elude
316.1935(1) 28.6
Reckless Driving (if
316.192(1) 28.5
wanton disregard for the
safety of persons or
property is charged or if
there is evidence that
the fleeing was in a
motor vehicle)
Disobedience to Police
or Fire Department 316....
...STAT. INS. NO.
Fleeing to elude
316.1935(3)(a) 28.8
Fleeing to elude
316.1935(2) 28.7
Fleeing to elude
316.1935(1) 28.6
Reckless Driving (if
316.192(1) 28.5
wanton disregard for
the safety of persons
or property is
charged or if there is
evidence that the
fleeing is in a motor
vehicle)
Disobedience to
Police or Fire
316.072(3) 28.18...
...Fleeing to Elude LEO
316.1935(3)(b) 28.8128.8(a)
Fleeing to Elude LEO
316.1935(3)(a) 28.8
Fleeing to Elude LEO
316.1935(2) 28.7
Reckless Driving (if
316.192(1)(b) 28.5
there was evidence
that the fleeing was
in a motor vehicle)
Disobedience to
Police or Fire
316.072(3) 28.18
Department
Officials**
Comments
* §
316.1935(4), Fla....
...Fleeing to Elude LEO
316.1935(3)(b) 28.8128.8(a)
Fleeing to Elude LEO
316.1935(3)(a) 28.8
Fleeing to Elude LEO
316.1935(2) 28.7
Reckless Driving (if
316.192(1)(b) 28.5
there was evidence
that the fleeing was in
a motor vehicle)
Disobedience to Police
316.072(3) 28.18
or Fire Department
Officials**
Comments
* §
316.1935(4), Fla....
...Fleeing to Elude LEO
316.1935(3)(b) 28.8128.8(a)
Fleeing to Elude LEO
316.1935(3)(a) 28.8
Fleeing to Elude LEO
316.1935(2) 28.7
Reckless Driving (if
316.192(1)(b) 28.5
there was evidence
that the fleeing was
in a motor vehicle)
Disobedience to
Police or Fire
316.072(3) 28.18
Department
Officials**
Comments
* §
316.1935(4), Fla....
...Fleeing to Elude LEO
316.1935(3)(b) 28.8128.8(a)
Fleeing to Elude LEO
316.1935(3)(a) 28.8
Fleeing to Elude LEO
316.1935(2) 28.7
Reckless Driving (if
316.192(1)(b) 28.5
there was evidence
that the fleeing was in
a motor vehicle)
Disobedience to Police
316.072(3) 28.18
or Fire Department
Officials**
Comments
*§
316.1935(4), Fla....
CopyPublished | Florida 5th District Court of Appeal
...the severe force of the accident were both numerous and profound.
As a result of the accident, Andriotis was charged with one
count of vehicular homicide, under section
782.071, Florida
Statutes (2016), and three counts of reckless driving causing
serious bodily injury, under section
316.192, Florida Statutes.
Andriotis challenged the charges against him, both pretrial via a
Florida Rule of Criminal Procedure 3.190(c)(4) motion to dismiss
and during trial via his motion for judgment of acquittal, arguing
the facts surroun...
...Andriotis drove recklessly in order to convict him for either
vehicular homicide or reckless driving causing serious bodily
injury.
One is guilty of reckless driving when he “drives any vehicle
in willful or wanton disregard for the safety of persons or property
. . . .” See § 316.192(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 639, 1992 WL 16023
...1 We conclude that Bowling and Durrett v. State,
530 So.2d 483 (Fla. 1st DCA 1988), are distinguishable. Both cases involve defendants who were guilty of reckless driv *229 ing. The Durrett opinion clearly explains that the defendant was sentenced to jail for reckless driving. See §
316.192, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 2017 Fla. App. LEXIS 300
...of his position that a death may occur by vehicular homicide that does not involve physical
force or violence.
3
driving with a “willful or wanton disregard for the safety of persons or property.” §
316.192(1)(a), Fla....
CopyPublished | Supreme Court of Florida | 1981 Fla. LEXIS 2573
offense”, [s/c] reckless driving, pursuant to Florida Statute
316.192, thereby unlawfully depriving the juvenile
CopyPublished | Florida 1st District Court of Appeal
...ing
conduct at least sufficient to constitute reckless driving as ... involving
a ‘willful or wanton disregard for the safety of persons or
property....’” W.E.B. v. State,
553 So.2d 323, 326 (Fla. 1st DCA
1989) (quoting §
316.192, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...By
definition, the crime of vehicular homicide requires proof of the
elements of reckless driving. Reckless driving, in turn, is defined as
driving “ . . . in willful or wanton disregard for the safety of persons or
property . . . .” [Fla. Stat. § 316.192(1)(a) (2012))]....
...h a
conscious and intentional indifference to consequences and with the
knowledge that damage is likely to be done to persons or property.”
Id. (internal citations omitted).3
Since reckless driving in violation of Fla. Stat. § 316.192 is a lesser included
offense of vehicular homicide, and since a conviction for reckless driving plainly
requires willful or wanton conduct, it necessarily follows that a conviction for
vehicular homicide requires a finding of willful or wanton conduct as well....
...State addressed the 2012 version of the reckless driving statute, the same
language concerning “willful or wanton disregard for the safety of persons” appeared in the
reckless driving statute in 2006, when Smith was convicted of vehicular homicide. See Fla. Stat.
§ 316.192(1) (2006).
8
USCA11 Case: 19-12622 Date Filed: 12/18/2020 Page: 9 of 12
The Florida Supreme Court’s definition of “reckless” is also consistent with
the ord...
CopyPublished | Florida 2nd District Court of Appeal
...Because the officer was in fresh pursuit of Mr. Reddin and
was therefore authorized to make an extraterritorial arrest, we reverse
the dismissal and remand for a new trial.
I.
The State charged Mr. Reddin with reckless driving under section
316.192(1), Florida Statutes (2021), and resisting an officer without
violence under section
843.02, Florida Statutes (2021)....
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 5068
...Rule 6.310. Lesser Included Offenses No civil traffic infraction shall be considered a lesser included offense of any criminal traffic offense. As an example, where a person is cited for the criminal traffic offense of reckless driving pursuant to section 316.192, Florida Statutes, careless driving, section 316.1925, Florida Statutes, which is a traffic infraction, shall not be considered a lesser included offense of the reckless driving charge....
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 11034, 1999 WL 618129
...The first sentence at issue was for a reckless driving conviction which is punishable, upon a first conviction, by imprisonment for a period of not more than 90 days, and on a second or subsequent conviction, by imprisonment for not more than six months. See § 316.192(2), Fla....
CopyPublished | Florida 4th District Court of Appeal
...consists of a physical condition that creates a
substantial risk of death, serious personal
disfigurement, or protracted loss or impairment of the
function of any bodily member or organ.
§ 316.192, Fla....
