Criminal Traffic Charges

HIT AND RUN/ LEAVING THE SCENE OF AN ACCIDENT

Florida Statute 316.061 requires the Driver of any vehicle involved ina crash resulting in damage to a vehicle or other property to stop at the scene of the accident and to remain at the scene until satisfying the requirements mandated by law. The Driver must provide his/her full name, address, contact information, insurance information and license information if available. Failure to do so constitutes a misdemeanor of the Second degree. If the accident resulted in injury or death the penalties are more severe. A driver Has a duty to aid any injured person involved in the accident.

DRIVING WHILE LICENSE SUSPENDED 

DWLS, DWLSR, Driving with a Suspended License, Driving with a Revoked License — all of these charges are synonymous and all can cause continuous problems with your driving privilege if you don’t take care of the citation or arrest and clear up whatever matter has caused your license to be suspended. Allow us to review your case and your driving history to help you get your driving privilege back and avoid further problems.

Often times, upon receiving citations for traffic infractions, an individual may elect to pay the citation without hiring a lawyer and without attending a driving school. Doing so can cause points to be assessed on your driving record. An accumulation of points can cause a suspension of your driving privilege preventing you from being able to drive for a period of time. Let us review your driving history to advise if we may be able to help you in removing some of the points previously assessed on your license. We may be able to file a motion before the appropriate court and request a withdrawal of your plea if you were uncounseled and did not know the ramifications of your actions.

A citation for Driving with a Suspended License Without Knowledge is an infraction and not a crime. However, subsequent offense can lead to a revocation as a Habitual Traffic Offender. Three counts of DWLS and/or DUI within a 5 year period with accompanying adjudications as designated by the statute will trigger DHSMV to administratively designate you a Habitual Traffic Offender and suspend your driving privilege for 5 years. It is important to seek counsel whenever charged with Driving with a Suspended License whether With or Without knowledge. Receiving a withhold of adjudication on a citation for Driving with a Suspended License Without Knowledge can help avoid future problems. We can help you with a current or past citation. The sooner you address the matter, the better.

Even if you were not physically arrested, the citation fir suspended license with knowledge requires a mandatory court appearance and technically constitutes an arrest. The experienced lawyers at our firm can help you address this matter. We will attend court on your behalf and help achieve the best possible resolution on the case. We will also review your driving history and advise you on the best way to get your license back to a valid status and avoid future problems. Multiple charges and convictions for Driving with a Suspended License can lead to a Habitual Traffic Offender designation and a 5 year license revocation.

In addition to Driving with a Suspended License With Knowledge, many other traffic citations are issued for criminal matters even though the officer may not conduct a physical arrest (i.e., attaching tag not assigned, reckless driving, expired tag over 4 months, and several others). Having legal representation is extremely important to make sure your rights are protected and you receive the fairest possible treatment on these matters.

It is important to know that byy paying the citation at the clerk’s office, the resolution of the citation can result in a conviction which may cause problems in the future if you are cited or arrested for subsequently Driving with a Suspended License. Even if you reinstate your license now, a future suspension and future charge could trigger a Habitual Traffic Offender revocation and consequently a 5 year license revocation. Any suspended license charge in the next 5 years could lead to further problems. It is important to seek the advice of counsel on the first instance of Driving with a Suspended License to get your license back in order and avoid future problems. We will review your driving history to assist you in reinstating your license.

RECKLESS DRIVING

Any person who drives any vehicle in Willful or wanton disregard for the safety of persons or property is guilty of Reckless Driving. Upon a First conviction, a driver could face up to 90 days in Jail. For a second conviction, a person could receive up to 6 months in jail. Reckless driving can also be used as a reduction from a DUI case to a reckless driving as part of the negotiations with the State Attorney’s office.

TRAFFIC CITATIONS 

We have all been there…the lights go on, your heart starts pounding, then your pulled over and slapped with the costs and burden of a traffic ticket. Whether you were speeding, failed to follow the direction of a traffic device, or committed any other minor traffic infraction, the ramifications can be arduous. Often times with the accrual of any driving record points, an automobile insurer will raise your insurance rates. What starts off as a $100.00 ticket can turn in to a lifetime of increased insurance costs. There is no case too small for our attorneys to handle. For a nominal fee we will go to court on your behalf to mitigate the effects that the ticket will have on your driving record and subsequently with your automobile insurance. Call us within 30 days of receiving your ticket and we will begin working towards getting your points removed or your ticket dismissed.

Points

Per Fl. Stat. 322.27, there is an established point system for evaluation of convictions of motor vehicle laws for the determination of the continuing qualification of any person to operate a motor vehicle. Depending on the amount of points that you have accumulated your Drivers License could be suspended anywhere from30 days to a year.

  • Reckless Driving- 4 points
  • Leaving the scene of a crash- 6 points
  • Unlawful Speed resulting in a crash- 6 points
  • Passing a stopped school bus- 4 points
  • Unlawful Speed not in excess of 15 mph- 3 points
  • Unlawful Speed in excess of 15 mph- 4 points
  • A violation of a traffic control signal- 4 points
  • All other moving violations- 3 points
  • Any moving violation, except unlawful speed, resulting in a crash- 4
  • littering on a highway- 3 points
  • Interfering with a traffic control device- 4 points

Suspension Periods

Per Fla. Stat. 3232.27, a person will lose their Drivers License if they have accumulated the following amount of points in the corresponding time period:

  • 12 points in 12 months – 30 day Drivers License Suspension
  • 8 points in 18 months- 3 month Drivers License Suspension
  • 24 points in 36 months- 12 month D

Habitual Traffic Offenders

A habitual traffic offender is any person whose record, as maintained by the DHSMV , shows that such person has accumulated the specified number of convictions in a 15 year period. You can become habitualized if you either

1) Have 3 or more convictions of any of the following: Voluntary or Involuntary Manslaughter, a felony conviction in which a motor vehicle was used, DWLSR, failing to stop and render aid at a motor vehicle crash resulting in the death or personal injury to another, or driving a commercial vehicle while your privilege was disqualified.

2) Have 15 convictions for moving traffic offenses for which points may be assessed.

Under Fla. Stat. 322.331, if a person has lost their Drivers License due to Habitual Traffic Offender Status, he or she may petition the Department for a restricted Drivers License after 1 year has passed since the date of revocation, or after 5 years have passed, one may petition for full driving privileges. However, upon reviewing your driving record, we may determine that we are able to remove one of your prior convictions for DWLSR, and thus remove you from the Habitual Traffic Offender Classification.

If you have a “Business Purposes Only” drivers license, then your driving privilege is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes. If you have an “Employment Purposes Only” drivers license, then your driving privilege is limited to driving to and from work and any necessary on-the-job driving required by an employer or occupation.

Case Results

DUI Hillsborough County-Dropped

The Defendant was charged with DUI after a traffic stop. After performing the exercises, the Defendant was arrested for DUI. The Defense was able to get the State to reduce the DUI to a Reckless
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Pinellas County DUI Dropped

The Defendant was charged with a DUI after being stopped for weaving. After refusing to submit to the roadside tests the Defendant was arrested. The Defense argued on the grounds of the Defendant not having
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Robbery Charge Dropped by the State

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