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 ONECATEGORY TWOFLA. STAT.INS. NO.
Reckless Driving causing injury316.192(3)(a)(b)(c)128.5
Reckless driving316.192(1)(a)28.5
Reckless driving causing property damage316.192(3)(a)(b)(c)128.5

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.

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