How To Deal With a Careless Driving Ticket in Florida
What is careless driving in Florida—and what should you do if you got a ticket for it? We’ve got answers.
Written by R.E. Fulton
Reviewed by Kathleen Flear
Unlike
reckless driving
, careless driving is a fairly minor traffic ticket you may receive in Florida if a police officer judges that you failed to exercise appropriate caution on the road. Exceeding the speed limit, improper passing, and other signs of careless driving could land you with a ticket, fines, and points on your driving record—but not a criminal charge. If you’ve received a careless driving ticket, here’s what you need to know about how it can affect your driving record (and your
Florida car insurance costs
). What is considered careless driving in Florida?
There are two types of careless driving defined by the Florida Statutes: careless driving and aggressive careless driving.
- Careless driving (F.S. 316.1925): failure to drive in a careful and prudent manner so as not to endanger the life, limb, or property of any person
- Aggressive careless driving (F.S. 316.1923): committing two or more of the following: (1) speeding, (2) unsafe or improper lane changes, (3) close following, (4) failure to yield right-of-way, (5) improper passing, or (6) violation of traffic control and signal devices (e.g. running a red light).
You might get a careless driving ticket for rear-ending or side-swiping another driver. If you were also speeding and changing lanes improperly, your ticket might get bumped up to aggressive careless driving. Both forms of careless driving constitute a moving violation, but they’re not criminal charges under Florida’s traffic law.
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Careless driving vs. reckless driving in Florida
Don’t confuse careless driving with reckless driving—although the terms sound similar, one is much more serious!
Remember, according to Florida Statute 316.1925, careless driving is, well, just what it sounds like—driving without appropriate caution. But reckless driving, defined by
Florida Statute 316.192
, refers to driving “in willful or wanton disregard for the safety of persons or property.” Drag racing or driving to evade law enforcement would both constitute reckless driving. It’s a major violation that can be charged as a misdemeanor or even a felony, in the case of serious bodily injury. Minimum penalties for a reckless driving conviction in Florida include up to 90 days in jail and a $500 fine, but the consequences can be as severe as five years in prison and $5,000 in fines.
Careless driving vs. DUI in Florida
Careless driving should also be distinguished from a
DUI
. Like reckless driving charges, a DUI can be a misdemeanor or felony if it causes property damage, injuries, or fatalities, and the charges are much steeper, especially if it’s not your first time
being charged.Penalties for careless driving in Florida
If you get a careless driving ticket in Florida, you can get four violation points on your Florida driver’s license as well as up to $500 in fines, plus any court costs.
In addition to those upfront costs, you’re likely to see
your insurance rates go up
once your insurance company learns about the changes to your driving record. Can you lose your license for careless driving in Florida?
If those four points put you past the
suspension threshold
(12 points in 12 months), you could lose your driving privileges temporarily. During that period, unless you qualify for a restricted license
, you won’t be able to drive without risking even more serious consequences, including criminal charges. MORE: How to get a Florida driver's license reinstatement
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FAQs
How do I get careless driving dismissed in Florida?
As with most traffic tickets, you’ll have the option to contest your careless driving ticket in court. If you’re trying to get your ticket dismissed, it may be worth finding a Florida law firm that offers free consultations for traffic offenses.
Is careless driving a felony in Florida?
No. Careless driving is not a criminal offense, so you won’t even get a misdemeanor charge with a careless driving ticket. Reckless driving, on the other hand, can be a felony if it causes a car accident resulting in serious personal injury or fatalities. If you’ve been charged with reckless driving, you may need to seek legal advice from a criminal defense attorney.
What are the penalties for driving without a license in Florida?
If you’re caught driving without a valid license in Florida, you could face up to 60 days in jail, along with fines up to $500 and a second-degree misdemeanor charge. You’ll also see your auto insurance costs shoot up once your traffic violation is added to your record.
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