Reckless Driving
Driving with willful or wanton disregard for the safety of persons or property.
Florida Statute
§ 316.192
Reckless driving
Verified against the 2026 Florida Statutes: September 14, 2026
Quick Summary
Document the driving pattern and facts showing more than ordinary negligence, plus any property damage, injury, serious bodily injury, or prior conviction.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
First Conviction
F.S. § 316.192(2)(a)
Baseline reckless-driving first conviction.
Subsequent Conviction
F.S. § 316.192(2)(b)
Baseline reckless driving after a prior conviction.
Property Damage or Bodily Injury
F.S. § 316.192(3)(a)
Reckless driving causing damage to property or person.
Serious Bodily Injury
F.S. § 316.192(3)(b)
Reckless driving causing serious bodily injury.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All required
The defendant drove a vehicle in Florida with willful or wanton disregard for the safety of persons or property.
Plain language: The driving must exceed ordinary negligence.
- Element 2Conditional
Enhanced tracks
Any prior conviction, property damage, bodily injury, or serious bodily injury used for an enhanced classification was proven.
Plain language: Document enhancement facts separately.
Jury Instructions
Jury Instructions
Instruction 28.5
Reckless Driving
Standard instruction for reckless driving under F.S. § 316.192, including applicable damage or injury findings.
View Official InstructionVerified against the official instruction source: September 14, 2026
Additional Notes
Additional Notes
More Than Negligence
Willful or wanton disregard is more than carelessness. Describe the full driving pattern, surrounding traffic, roadway, weather, speeds, warnings, and danger created.