25th Jul 2017
A criminal defense attorney in Broward County helps individuals who are facing serious charges such as reckless driving by carefully assessing the circumstances surrounding the incident that led to arrest and the possible defenses to the charges. A criminal defense attorney in Broward County may assert one of the following defenses, depending on the circumstances:
Defendant Was Not Driving
The first element that a prosecutor must establish is that the defendant was driving. While this may seem simple, it may not always be the case. For example, the defendant and another passenger may have switched places. A similar vehicle may have been spotted, and the defendant may not have been driving that vehicle in question.
The second element that the prosecution must prove is that the defendant drove in a manner with such willful or wanton disregard that he put the safety of others or property in jeopardy. However, if the defendant was driving in a dangerous manner but no one or nothing was around to get hurt or damaged, the conviction should not lie.
Not Reckless Enough
The standard that the defendant must meet to be “reckless” is actually quite high. The prosecutor must show that he had a “willful or wanton disregard” for others. This requires much more than being negligent or careless. Excessive speed is insufficient to establish this standard, according to Florida law. While speed combined with other factors may rise to the level of reckless behavior, speed on its own is inadequate. Likewise, ordinary carelessness that might result in an accident is not sufficient to support a conviction. Instead, the prosecution must show that the defendant’s actions showed an indifference to human life or safety.