What is Careless Driving in Florida?

It’s always important to follow the rules of the road, both for your own safety and the safety of those around you, as well as to avoid a careless driving charge. In Florida, that charge is considered a civil traffic offense and comes with a number of penalties that you’ll definitely want to avoid. 

So, what is careless driving in Florida according to state statutes, and how does it differ from reckless or aggressive driving? Here’s what to know. 

Careless Driving: Florida Statute and What Needs to Be Proven

Florida has several traffic offenses on the books, and careless driving is perhaps the broadest. 

Here is the law as outlined by careless driving Florida Statute 316.1925:

“Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such a manner shall constitute careless driving and a violation of this section.”

For a successful careless driving charge, the state must be able to prove three key legal elements:

1. The defendant was operating the motor vehicle at the time of the incident
2. The defendant was not operating the vehicle in a careful and prudent manner
3. The careless actions of the defendant endangered the safety of people or property

Obviously, there’s quite a bit of lee-way in how the second element can be established. This is where having a qualified vehicle accident attorney by your side can make all the difference, and is recommended for fighting these types of claims. 

Careless Driving as a Catch-All Charge

Florida’s careless driving law is known as a “catch-all” because it covers a wide range of minor traffic infractions. You can receive a careless driving citation for exhibiting any sort of negligence when operating a motor vehicle in Florida. In particular, careless driving in Florida is meant to cover actions that put those around you at risk, regardless of whether or not a vehicle accident occurs or someone actually gets hurt. 

This means that careless driving charges can be subjective. It also means you may have some flexibility when fighting the charge and clearing your record. Contact us for a free review of your case and an overview of your legal options. 

Examples of Careless Driving in Florida

You can be penalized under the Florida careless driving statute for any instance where you fail to use due diligence in handling your vehicle. This includes:

• Accidentally running a stop sign or red light
• Texting and driving
• Driving too close to the vehicle in front of you 
• Driving below the speed limit
• Flashing your brights at other drivers
• Sudden braking

Keep in mind that a careless driving charge can stick even if the action you took wasn’t on purpose. What’s most relevant is that you were negligent on the road, intentionally or not. 

Florida Penalties for Careless Driving

The careless driving statute goes on to state that, in most cases, individual violators will be cited for a moving violation, which is a civil charge. This is punishable by one or more of the following:

• A fine of up to $500
• Suspension of driver’s license
• A three to four point driver’s license penalty

Depending on the severity of the situation and/or the damages that occur, individuals found to be driving carelessly could receive a first-degree misdemeanor charge instead of a moving violation. This is a criminal charge, and it comes with higher fines and the potential for jail time. 

How Many Points is Careless Driving in Florida?

In Florida, careless driving is worth three to four points on a driver’s license. 

Points accumulate over time, and there are penalties for accruing too many in a set period. For example, Florida drivers who rack up 12 or more points in a single year risk having their driving privileges revoked. 

Difference Between Reckless, Careless, and Aggressive Driving in Florida

Reckless, careless, and aggressive driving are three terms that can easily be misconstrued. But there are a number of important differences between them, especially when it comes to how they’re defined under Florida law and what the penalties are. 

Aggressive Driving in Florida

A charge of aggressive driving can occur in Florida when an individual (a) fails to abide by the careless driving statute and (b) does so while speeding, tailgating, disobeying traffic signs, changing lanes improperly, or failing to yield the right of way. 

This is a more serious charge than careless driving. As such, the penalties are steeper, and they include additional points on your driver’s license and an increased chance of license suspension. Jail time is also a possibility. 

Reckless Driving in Florida

Reckless driving is the most severe of these three types of violations, and can occur when an individual displays a willful disregard for the safety of people and property while behind the wheel. 

Unlike careless driving, there is a clear element of intent here, and a first-time reckless driving offense can result in up to 90 days in jail and a fine of up to $500. Penalties get more serious for subsequent offenses, and additional civil and/or criminal lawsuits may be filed for damages. 

Can You Fight a Florida Careless Driving Ticket?

Yes! If you were issued a ticket for careless driving in Florida, you do have legal options available to you. A Florida vehicle accident attorney can investigate the claim on your behalf and review the specifics of the case. If it appears that the three elements of a careless driving charge cannot be proven, your lawyer can appeal the ticket and reverse or prevent any penalties. The team at Gordon & Partners is here to help in the event of an undue careless driving charge. Please contact us for a free case evaluation, and get the support that you need to fight a Florida careless driving ticket and keep your record clean.