TRAFFIC CRIMES – ORLANDO CRIMINAL ATTORNEYS
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Traffic Crimes – Orlando Criminal Attorney
Many criminal traffic offenses carry significant penalties upon conviction. If you have been arrested for a criminal traffic offense, you should speak with an experienced Orlando criminal traffic attorney at your earliest opportunity to learn about your rights and the defenses that may be available to you.
Driving While License Suspended:
This occurs when a person who knows their driver’s license or driving privilege has been canceled, suspended, or revoked, drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked.
First Conviction: A misdemeanor of the second degree punishable by up to 60 days in the county jail.
Second Conviction:A misdemeanor of the first degree punishable by up to 1 year in the county jail.
Third or Subsequent Conviction:A felony of the third degree punishable by up to 5 years in State prison.
If it involved a commercial motor vehicle the penalties are as follows:
First Conviction:A misdemeanor of the first degree punishable by up to 1 year in the county jail.
Second or Subsequent Convictions:A felony of the third degree punishable by up to 5 years in State prison.
No Valid Driver License:
This occurs when a person operates a motor vehicle in this state without a valid driver license. Any person who violates this law is guilty of a misdemeanor of the first degree punishable by up 1 year in the county jail.
Habitual Traffic Offender:
A habitual traffic offender is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated three or more convictions arising out of separate acts for offenses described below within a 5-year period:
1) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle
2) Any violation of Florida Statutes 316.193
3) Any felony in the commission of which a motor vehicle is used
4) Driving a motor vehicle while his or her license is suspended or revoked
5) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another
6) Driving a commercial motor vehicle while his or her privilege is disqualified
or has accumulated fifteen convictions within a 5-year period for moving traffic offenses for which points may be assessed as set forth in Florida Statute 322.27.
In addition, any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in above shall be counted.
Driver License Suspension for Habitual Traffic Offender:
Any person designated a habitual offender shall have their license suspended for 5 years and shall not be eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in Florida Statute 322.271. Any person whose license is revoked may, by petition to the department, show cause why his or her license should not be revoked.
Penalties: A person whose driver license has been revoked as a habitual traffic offender and who drives any motor vehicle upon the highways of this state while such license is revoked may be charged with a felony of the third degree punishable by up to 5 years in State prison.
If the person whose driver’s license has been revoked is a habitual traffic offender and they drive any motor vehicle upon the highways of this state while such license is revoked, they face a felony of the third degree punishable by up to 5 years in State prison.
This occurs when a person drives any vehicle in willful or wanton disregard for the safety of persons or property. Any person convicted of reckless driving is subject to the following penalties:
1) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
2) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
Reckless Driving – Damage or Serious Bodily Injury:
Any person who is commits the offense of reckless driving and by reason of such operation of the vehicle causes:
1) Damage to the property or person of another commits a misdemeanor of the first degree punishable by up to 1 year in the county jail.
2) Serious bodily injury to another commits a felony of the third degree punishable by up to 5 years in State prison.
The term “serious bodily injury” means an injury to another person which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Reckless Driving – Alcohol Related:
In addition to any other penalty provided, if the court has reasonable cause to believe that the use of alcohol, chemical, or controlled substances contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the person will be required to complete the treatment.
For information on some other more common criminal traffic offenses please click on the following links:
Driving Under the Influence (DUI)
Fleeing & Eluding
Leaving the Scene of an Accident
Speak with an Orlando criminal traffic attorney or review the Florida Statutes at the bottom of this page for some more information about traffic crimes.
Call the Wilson Law Firm Today at: (407) 648-5255
If you or a loved one have been arrested for a criminal traffic offense, call the Wilson Law Firm today to speak with an experienced Orlando criminal traffic attorney about your individual situation. An experienced Orlando criminal traffic attorney will be able to recognize the legal issues that exist in your case and properly prepare and present your defenses.
In many criminal traffic cases, a properly prepared defense by a criminal lawyer will result in either reduced penalties, reduced charges, or a dismissal of the charges. Even in criminal traffic cases where the evidence of guilt is overwhelming, a properly prepared defense and presentation of mitigating circumstances by an Orlando criminal traffic attorney can result in significant decreases in the penalties you receive.
Speak with an Orlando criminal traffic attorney or review the following Florida Statute for more information on traffic crimes and offenses:
Florida Statute 316.027 – Crash involving death or personal injuries.
Florida Statute 316.061 – Crashes involving damage to vehicle or property.
Florida Statute 316.192 – Reckless driving.
Florida Statute 316.193 – Driving under the influence; penalties.
Florida Statute 316.1935 – Fleeing or attempting to elude a law enforcement officer, aggravated fleeing and eluding.
Florida Statute 318.14 – Noncriminal traffic infractions; exception; procedures.
Florida Statute 318.143 – Sanctions for infractions by minors.
Florida Statute 318.15 -Failure to comply with civil penalty or to appear; penalty.
Florida Statute 318.18 – Amount of penalties. (Fines assigned for specific traffic infractions)
Florida Statute 322.03 – Drivers must be licensed; penalties.
Florida Statute 322.264 – “Habitual traffic offender” defined.
Florida Statute 322.27 – Authority of department to suspend or revoke driver license or identification card. (Points assigned for specific traffic crimes and infractions).
Florida Statute 322.271 – Authority to modify revocation, cancellation, or suspension order.
Florida Statute 322.34 – Driving while license suspended, revoked, canceled, or disqualified.
Traffic Crimes – Orlando Criminal Attorney Services:
Speak with a Orlando criminal attorney and review our website for more information on Florida criminal offenses:
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