Aggressive Driving

What Counts As Aggressive Driving In Florida

Under Florida Statute 316.1923, aggressive careless driving occurs when a driver commits two or more of the following acts at the same time or in quick succession:

• Exceeding the posted speed limit
• Unsafely or improperly changing lanes
• Following another vehicle too closely (tailgating)
• Failing to yield the right-of-way
• Improperly passing another vehicle
• Disregarding traffic control signals or signs

A single violation, such as speeding alone, is typically treated as a standard traffic infraction. It’s the combination of two or more of these behaviors, like tailgating while weaving between lanes, that elevates a stop into an aggressive driving citation. Officers throughout Orange, Seminole, Hillsborough, and Brevard counties use this standard when deciding whether to issue an aggressive driving citation instead of a lesser charge.

Aggressive Driving vs. Reckless Driving

Aggressive driving and reckless driving are often confused, but Florida law treats them differently. Aggressive driving under Section 316.1923 is a civil, non-criminal infraction built from a combination of lesser moving violations.

Reckless driving, on the other hand, is a criminal offense that requires proof the driver acted with a willful or wanton disregard for the safety of others. A first-time reckless driving conviction can bring up to 90 days in jail and a $500 fine, with steeper penalties for repeat offenses or when a crash results in injury. If your citation was written up as reckless rather than aggressive or careless driving, it’s especially important to speak with an attorney, since the stakes are much higher.

Penalties For Aggressive Driving Citations

Because aggressive driving citations are built from underlying moving violations, the points and fines can add up quickly.

Consequences may include:

• Points added to your driver’s license, which can push you toward suspension if you accumulate 12 or more points within a 12 month period
• Fines and court costs on top of the base penalty for each underlying violation
• Mandatory driver improvement courses in some cases
• Higher auto insurance premiums, often for several years after the citation
• License suspension for repeat offenses or when points accumulate

If your aggressive driving citation followed a crash, you could also face additional civil liability if the other driver was injured or their property was damaged. Evidence of aggressive driving can be used against you in a related personal injury claim.

Fighting An Aggressive Driving Ticket

Aggressive driving citations rely on an officer’s judgment call about whether multiple violations occurred together. That judgment can be challenged. Our attorneys review the citation, the officer’s report, and any available dash cam or witness evidence to determine whether the individual violations actually occurred, whether they happened close enough in time to meet the legal standard, and whether there is a valid defense to some or all of the underlying charges.

Depending on the facts of your case, it may be possible to get the citation reduced to a single, less serious violation or dismissed altogether. Because points and insurance consequences build with each conviction on your record, it’s worth having an experienced traffic ticket attorney evaluate your options before you pay the fine or accept the citation as written.

Serving Drivers In Altamonte Springs, Orlando, Tampa, And Melbourne

The Law Offices of Michael B. Brehne, P.A. represents drivers cited for aggressive driving throughout Central Florida, including Altamonte Springs, Orlando, Tampa, and Melbourne. If you were pulled over and issued an aggressive driving citation, contact us today for a consultation. We’ll walk through your citation, explain what you’re facing, and help you decide on the best path forward.