tephen Andrew MoscaCriminal Defense AttorneyJacksonville, FL ·
How much time is up to the judge once you are found to have violated. You are exposed to the time that is left up to the maximum for that charge.
I would say that you need to make some kind of showing that you recognize that you may have a problem and are addressing it, so perhaps some sort of treatment program could be started before you get to court. If you were to show the judge you are in treatment, he or she may go easier on you. Good luck.
30 days on a reckless??? And Probation to follow?!?! Thats amazing, I will never drive through Port Orange. 60 days is the max on any 2nd degree misdemeanor, so....if your judge sentences you "to the max" on a VOP (violation of prob) then you will do another 30 days max.
Ask the VOP judge to "terminate your probation" in light of the 30 days already served. He may terminate you AND give you the last 30 days, so ask him to terminate before you "admit" to the VOP, which is just like pleaing guilty to a regular charge
Do you have any prior reckless driving charges? That is very important.
For your first reckless driving charge, the penalty is a max 90 days in jail (not 60)
If it is a second or subsequent conviction, it is up to 180 days in jail.
See F.S. 316.192
This is a case where you can really benefit from counsel.