28.5 RECKLESS DRIVING
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 28.5
- Statute
- § 316.192(1)(a) and (1)(b), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Reckless Driving, the State must prove the following beyond a reasonable doubt:
Give if § 316.192(1)(a), Fla. Stat. is charged.
(Defendant) drove a vehicle in Florida with a willful or wanton disregard for the safety of persons or property.
Give if § 316.192(1)(b), Fla. Stat. is charged.
(Defendant), while driving a motor vehicle, fled from a law enforcement officer.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give if applicable. § 316.192(3), Fla. Stat.
If you find (defendant) guilty of Reckless Driving, you must also determine whether the State has proven beyond a reasonable doubt that [he] [she] caused [damage to the [property] [or] [person] of another] [or] [serious bodily injury to another] as a result of operating the vehicle recklessly.
Lesser-included offenses
As the instruction lists them, word for word.
RECKLESS DRIVING CAUSING SERIOUS BODILY INJURY — 316.192(1); 316.192(3)(a)(b)(c)2
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Reckless Driving causing injury | 316.192(3)(a)(b)(c)1 | 28.5 | |
| Reckless driving | 316.192(1)(a) | 28.5 | |
| Reckless driving causing property damage | 316.192(3)(a)(b)(c)1 | 28.5 |
Related practice page
DUI Manslaughter and DUI With Serious Bodily Injury Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.