A recent utilization of a 2009 Florida Statute by DHSMV
is resulting in individuals who plea to reckless driving in Florida to be required after the resolution of the case to complete a four hour driving
class. The class
usually runs around $30 and can be completed online. It is not the type of thing that would force clients to trial but was not enforced for over a year and caught many
clients, defense attorneys and prosecutors by surprise. Language about
potentially suspending the privilege to drive caused concern. The
statute was enacted in October of 2009. A few months ago clients
started getting letters from DHSMV to complete the class or their license would
be suspended. The surprising part of the additional class is that all parties
agreed to a resolution of the case. The additional class was not part of the
resolution. It is what is known as a collateral consequence. This recently was
observed in Daytona Beach reckless driving cases that are DUI reductions. The reductions are commonly referred to as a wet reckless. It is
also a requirement for dry reckless cases. It is a Florida statute and will
likely apply to Seminole County reckless driving cases, Orlando reckless driving cases, Volusia County reckless
driving cases and all other Florida reckless driving cases. DHSMV is the cause
of many of the collateral consequences of entering a plea such as being
designated as a habitual traffic offender (HTO), DUI suspensions (if you plea to a
first offense DUI and DHSMV finds out it is a second within 5 years your
license will be suspended for 5 years not the 6 months or a year that was
discussed in court), point suspensions and most recently an additional class
requirement for reckless driving, racing on a highway, not stopping for a school bus, not
stopping at a steady red indicator and failure to observe a traffic control
device.
The class requirement comes from Florida Statute 322.0261(4). "The
department shall identify any operator convicted of, or who pleaded nolo
contendere to, a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s.
316.191, or s. 316.192 and shall require that operator, in addition to other
applicable penalties, to attend a department-approved driver improvement course
in order to maintain driving privileges. If the operator fails to complete the
course within 90 days after receiving notice from the department, the
operator's driver license shall be canceled by the department until the course
is successfully completed." It appears to apply to violation of a traffic
control device, steady red indicators, stopping for a school bus, racing on the
highway and reckless driving. While a four hour basic driver improvement class
that can be completed online is not an extreme measure it was not previously
contemplated in many cases that were resolved. If you are charged with reckless
driving and plan on entering a plea be prepared for the additional class
requirement. If you have been arrested for a Daytona Beach reckless driving or
Seminole County reckless driving contact Daytona Beach DUI lawyer Seminole County reckless driving attorney Kevin J. Pitts
