North Florida’s Highest Court Reverses Reckless Driving Conviction, Speeding “Not Enough”

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that a defendant did not recklessly drive, despite speeding by approximately 20 miles an hour and giving an officer the middle finger when the officer attempted to pull him over.

In Florida, reckless driving is a serious offense. Per Fla. Stat. 316.192, reckless driving involves the operation of a vehicle that shows “willful and wanton disregard for the safety or persons or property.”

Important: “Willful” means intentionally, knowingly, and purposely. “Wanton” means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property. W.E.B. v. State, 553 So.2d 323 (Fla. 1st DCA 1989)

If someone is found to have recklessly driven, the following penalty scheme applies under state law:

• For a first offense that does not involve injury to persons or property, up to 90 days in jail and a fine between $25 and $500
• For a second or subsequent conviction that does not involve injury to persons or property, up to 6 months in jail and a fine between $50 and $1,000
• If someone causes property damage or non-serious bodily injury due to reckless driving, it is a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine)
• If someone causes serious bodily harm (“an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ”), it is a third-degree felony (up to 5 years in prison and a $5,000 fine)

If someone causes the death of another person via reckless driving, this is vehicular homicide, a second-degree felony (up to 15 years in prison and a $10,000 fine). Vehicular homicide becomes a first-degree felony (up to 30 years in prison and a $10,000 fine) if either of the following are true:

• The defendant failed to stop (e.g. fled the scene), give information to authorities, or render aid to the victim(s)
• The defendant has a prior conviction for vehicular homicide, vessel homicide, DUI manslaughter or BUI manslaughter (Trenton’s Law, effective October 1, 2025)

For more on Florida’s law surrounding vehicular homicide, of which reckless driving is a key element necessary for someone to be convicted, click here.

Reckless driving is more serious than simply being “careless.” The defendant’s driving pattern must show more than a mere failure to follow the rules of the road (e.g. slightly speeding). But when does driving become so “careless” that it rises to the level of recklessness – and when does it not?

This question was addressed by Tallahassee and North Florida’s highest court in a key case, Miller v. State, 636 So.2d 144 (Fla. 1st DCA 1994). Let’s discuss Miller and what it means if someone is charged with reckless driving or vehicular homicide (a key element of which is reckless driving).

MAJOR CASE: Miller v. State, 636 So.2d 144 (Fla. 1st DCA 1994)

In Miller, the defendant (Miller) was charged with reckless driving, multiple counts of battery upon a law enforcement officer, and resisting arrest with violence. 

The charges stemmed from an incident during which Miller allegedly drove approximately 50 to 55 miles per hour in a 35 mile per hour zone near the University of West Florida campus. One officer (Griffin) who was monitoring traffic turned on his blue lights and gave chase. But Miller did not stop immediately.

While Miller was being pursued by Officer Griffin, he stuck his middle finger out the window and kept driving (over the speed limit). He later would claim there was no place to pull over. As he continued down the road, another officer (James) joined the pursuit. Miller eventually pulled into a parking lot on campus.

Miller and his passenger, Baudin (a co-defendant), got into a heated verbal exchange with the officers after they were cornered – which turned into a scuffle. Miller was brought to trial on two counts of battery on the officers (one of which he was acquitted of), resisting arrest with violence (found guilty of resisting without violence), and reckless driving (of which he was found guilty).

On appeal, Miller argued that he could not be convicted of reckless driving as a matter of law. He asserted that Fla. Stat. 316.192 required a display of “willful or wanton disregard for the safety of persons or property,” and his conduct while behind the wheel, and his driving did not rise to that level as a matter of law.

Florida’s 1st District Court of Appeal agreed with Miller and reversed his conviction of reckless driving. After affirming his battery on a law enforcement officer conviction, the 1st DCA wrote:

“However, we reach a different result with respect to the denial of judgment of acquittal as to the count three charge of reckless driving. Under the provisions of section 316.192(1), Florida Statutes, ‘[a]ny person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.’ … It appears that excessive speed alone is insufficient to constitute evidence of reckless driving.”

After discussing the content of Florida’s reckless driving law and noting that “speeding alone” is insufficient to establish recklessness, the 1st DCA applied these legal principles to Miller’s case:

“Sergeant Griffin testified that based upon his experience, he estimated appellant’s speed at fifty to fifty-five miles per hour in a posted thirty-five mile per hour zone. His radar was not in operation, and he did not check appellant’s speed with his speedometer, because his patrol car was parked at the point when he observed appellant pass at an excessive speed. Sergeant Griffin also stated that appellant had his vehicle under control. Officer James clocked appellant’s speed with his speedometer at thirty-five to forty miles per hour.”

“Other facts pertinent to the reckless driving determination include the time of day, which in this case was shortly before 8:00 a.m., and the traffic, which the testimony reflects was light to moderate, with possibly one or two runners and bicyclists. We conclude this evidence was not sufficient to establish the statutory elements of reckless driving … Since the state presented no evidence to establish the element of wanton disregard for safety of persons or property, the trial court should have granted appellant’s motion for judgment of acquittal as to count three.”

Essentially, the 1st DCA held that Miller had almost certainly driven carelessly due to violating the speed limit. However, the court ruled that based on the “totality of the circumstances,” the State did not prove that Miller’s conduct was so egregious as to rise to the level of recklessness under Florida law.

In sum, Miller v. State, 636 So.2d 144 (Fla. 1st DCA 1994) is a significant development in Florida’s case law surrounding reckless driving. The 1st DCA held that Miller could not be convicted despite speeding because:

• He was driving in broad daylight with good visibility
• The degree to which he was speeding at the time of the alleged “reckless driving” was unclear (up to 15 to 20 miles per hour, but as low as 5 miles per hour over the limit)
• Traffic was light to moderate, with few to no individuals around that would have been at potential risk

Florida defendants and defense attorneys should be aware of Miller v. State, as it has significant implications for reckless driving and vehicular homicide cases. If the State is unable to prove “willful and wanton disregard for safety of persons or property” beyond a reasonable doubt, a person may not be found guilty of reckless driving or vehicular homicide.

Note: The term “recklessness” has the same legal meaning in cases involving vessel homicide and reckless boating as it does under Florida’s laws on reckless driving and vehicular homicide. For further details, click here. 

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with vehicular homicide, DUI manslaughter, BUI manslaughter or vessel homicide. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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