Florida law does not have a specific reckless driving charge for vehicle not in control. However, it can still result in a charge under the general statute. Given the seriousness of this offense, it is important to work with a Ft. Lauderdale reckless by vehicle not under control lawyer. A well-versed reckless driving lawyer can work to build a defense against the charges you are facing.
What Does Reckless By Vehicle Not in Control Mean?
The reckless driving statute in Florida distinguishes between a first offense, a subsequent offense, reckless driving cases with property damage and personal injury, and reckless driving cases where the court believes alcohol or chemical substances are involved. However, in the reckless driving statute, there are no terms such as “vehicle not under control” or “control impaired.”
A reckless driving case is a second-degree misdemeanor punishable by up to 90 days in the Broward County Jail in Fort Lauderdale. When an individual causes damage to property or to a person, the charge becomes a first-degree misdemeanor. When someone’s actions result in serious bodily harm to another person causing a substantial risk of death, serious personal disfigurement, or the impairment of the function of any body part or organ the resulting charge is a third-degree felony.
Evidence in Fort Lauderdale Cases
Testimony from a law enforcement officer about the individual’s driving pattern or behavior is often presented as evidence in a reckless driving case. Sometimes civilian witnesses also give testimony. On occasion, there is video surveillance, but that is relatively rare.
In reckless driving cases involving an allegation of excessive speed, there could be evidence from speed-measuring devices, a speedometer calibration, or other devices a law enforcement officer might use to detect speed. A skilled reckless driving by vehicle not in control lawyer can refute the evidence by challenging the credibility of the law enforcement officer or civilian witnesses or questioning the credibility of a speed-measuring device used.
Mechanical Failures
Florida Statute 316.192 defines reckless driving as operating a vehicle in willful or wanton disregard for the safety of other people or property is guilty of reckless driving. In a situation involving a mechanical defect or malfunction, it is not likely that the government can prove the intent of the driver. That situation would require the testimony of the driver. Most courts, judges, and juries want to see evidence from a mechanic who can detect and explain problems with the vehicle itself.
When there are defenses involving the mechanical fault of the vehicle, documentation of the issue is crucial. Maintenance records are useful when available. If the person brings the vehicle in for an inspection to show there was a problem, that would be helpful to the defense. As soon as possible, the driver should obtain documentation and expert testimony regarding any problems with the vehicle.
A Ft. Lauderdale Reckless by Vehicle Not Under Control Lawyer Can Help
If you were accused of reckless drivings, there may be defenses available. A Ft. Lauderdale reckless by vehicle not under control lawyer can examine the facts of your case to build a strong defense. To discuss your case, call today.
