CRIMINAL TRAFFIC OFFENSE

3_practice_areas8trafficMost criminal traffic violations not only include a mandatory court hearing to determine guilt and penalties, but they may also result in the suspension or revocation of your driver’s license as well as potential jail time.

I have worked with countless clients to determine how, when, and if they can get their driver’s license back.  Oftentimes it can be a tricky process but that is where experience can make a difference.  It is very gratifying to me when I can legally put someone back on the road with a valid license.

I was a Traffic Magistrate in and for Broward County for eight years and was elevated to Administrative Magistrate.  I have seen tens of thousands of driving records and have helped countless people straighten out their records and ultimately their lives.

One potential option for increasing your chances of obtaining your driving privileges back include having an ignition interlock device installed in your car (if alcohol was a factor in your license being initially suspended).  Applying for a hardship license, if  granted, will allow you to use your license in limited situations such as going to work, church, doctors, lawyers, or school.

I have extensive experience with a variety of traffic violations cases, including: driving with a suspended license, reckless driving, leaving the scene of an accident (hit and run), failure to report an accident, failure to obey a police officer, making a false accident report, and vehicular manslaughter.

Call me to see if you may be eligible to get your full license back, or a limited hardship license (either an employment purpose license or a work permit).

FLEEING AND ELUDING

In recent years the Florida legislature has increased the severity and punishment for many criminal traffic offenses that were once considered misdemeanors.

The most dramatic changes have come to the penalties for fleeing and eluding a police officer.  Before the recent change in the statute the most severe punishment for this offense was a year in the county jail. This sentence was rarely, if ever, imposed. The person charged could expect probation and/or community service.

ALL THIS HAS CHANGED. The offense of fleeing and eluding a police officer is now treated as a third degree felony punishable up to five years in the state prison and a $5000.00 fine. The person who is guilty of this offense will be automatically adjudicated. That means a criminal record as a convicted felon. In addition, the license is looking at having his driver;s license suspended for two years.

If certain aggravating factors are included the severity of the crime and its punishment are also dramatically increased. For example, if the driver is accused of driving recklessly during the pursuit that offense is now a second degree felony punishable by up to fifteen years in the state prison.

If it is alleged that the driver stopped causing the police to stop and then starts the pursuit again that is also charged as a second degree felony.

RECKLESS DRIVING 

The definition of driving recklessly is having a conscious disregard for life, limb, or property while one is driving.

If it is alleged that a person charged with reckless driving caused a serious bodily injury that offense is charged as a third degree felony.

If a death results the offense is charged as VEHICULAR HOMICIDE, a second degree felony.

LEAVING THE SCENE OF AN ACCIDENT

If no injury or death is involved this offense is charged as first degree misdemeanor.

However, if there is a bodily injury it is charged as a third degree felony.

If there is a serious bodily injury or death, it is charged as a second degree felony.  

RACING ON THE HIGHWAY

This offense remains a first degree misdemeanor, however, now there is an automatic revocation of the drivers license for one year minimum for a first offense or two years minimum for a second offense.

The fines for this offense has increased substantially, also.