By September 7, 2018 No Comments
Practice Areas

Traffic Violation Defense

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If you’ve been charged with a traffic violation or traffic crime in Florida, seek the advice of experienced traffic violation defense attorneys as soon as possible.

Bogin, Munns & Munns’ traffic defense lawyers handle virtually all aspects of defending Floridians charged with traffic infractions. If you’ve been charged with any of the following offenses, contact our attorneys today!

Boating Under the Influence (BUI)
Boating can be a lot of fun, especially in Florida, but it is important to remember that boating under the influence is a serious crime, with penalties similar to that of driving under the influence (DUI).  Boating under the influence can lead to boating accidents and serious personal injury or even death.
Conviction for a first offense of boating under the influence is punishable by a fine of at least $500 and no more than $1,000, and imprisonment for a term of no longer than 6 months.
Conviction for a second offense of boating under the influence is punishable by a fine of at least $1,000 and no more than $2,000, and imprisonment for no longer than 9 months.
A third conviction for boating under the influence occurring within 10 years of a previous BUI conviction is a felony of the third degree, punishable by mandatory imprisonment for no less than 30 days.  Additionally, the offender’s boat (or one vehicle registered under the name of the offender) would be impounded for 90 days.  If a third conviction of BUI occurs beyond 10 years since a previous BUI conviction, penalties include fines of no less than $2,000 up to no more than $5,000, and imprisonment for up to 12 months.
Fourth and subsequent convictions for boating under the influence are felonies of the third degree, regardless of how long ago the most recent previous conviction occurred.  Fines for this charge begin at no less than $2,000.

CDL Driving Offenses

Driving Under the Influence (DUI)

DUI Manslaughter
DUI Manslaughter is committed when the operator of a vehicle kills another person (either directly or indirectly) while under the influence of drugs or alcohol.

Driving While License Suspended
Driving with a suspended license falls under two categories: with knowledge and without knowledge.
Driving without knowledge of a suspended license is a civil infraction, and punishable as a moving violation.
Driving with knowledge of a suspended license is a criminal offense, and carries much stiffer penalties:

  • A first offense for driving with a suspended license is a second-degree misdemeanor, and is punishable by 60 days in jail and a fine of no more than $500.
  • A second offense for driving with a suspended license is a first-degree misdemeanor, and is punishable by 1 year in jail and a fine of no more than $1,000.
  • Third and subsequent offenses for driving with a suspended license are third-degree felonies, and punishable by 5 years in prison and a fine of no more than $5,000.

Habitual Traffic Offender
In order for a person to be deemed a Habitual Traffic Offender by the Department of Highway Safety and Motor Vehicles, the person must accrue a minimum number of convictions for specific offenses within a span of 5 years.  At least 3 convictions within 5 years for the following offenses (among others) would qualify a person as a habitual traffic offender:

  • Driving under a suspended or revoked driver’s license
  • Voluntary or involuntary vehicular manslaughter
  • Any felony involving the use of a motor vehicle
  • Failure to stop and give aid at the scene of an automobile accident where there is injury or death

Additionally, a person who receives 15 moving traffic offense convictions may also be deemed a habitual traffic offender.
A habitual traffic offender will have their driver’s license revoked for 5 years, but may apply for a hardship license after 1 year for the purposes of driving to and from work.

Hit and Run
See “Leaving the Scene of an Accident” below.

Illegal Left Turns, Right Turns, and U-Turns

Illegal Change of Lanes

Leaving the Scene of an Accident
Commonly known as a “hit-and-run,” this occurs when a person who is in an accident with another person’s property (including but not limited to their vehicle) willfully leaves the scene without providing valid contact information and/or required assistance.
There are 3 types of leaving the scene of an accident:

  • Involving property
  • Involving injury
  • Involving death

Running over someone’s mailbox and driving away is an example of leaving the scene of an accident involving property.
Leaving the scene of an accident involving property is a misdemeanor in the second degree, and punishments include 60 days in jail and a fine of no more than $500.
Much more severe is leaving the scene of an accident involving injury.  This offense is a felony in the third degree, and is punishable as a Level 5 offense, including imprisonment for 5 years and/or a fine of no more than $5,000.
Leaving the scene of an accident involving death is a first degree felony punishable by imprisonment of 30 years and a $10,000 fine.  A conviction of this offense carries a minimum sentence of 21 months’ imprisonment.

No Valid Driver’s License
Operating a vehicle without having a valid driver’s license (or without ever having obtained a driver’s license) is a misdemeanor of the second degree.  Driving without a license is punishable by imprisonment for 6 months, a fine of $500, or both.

Other Vehicle Moving Violations

Parking Tickets – Excessive

Red Light Camera Citations
The use of red-light cameras has come under fire, leading more than one Florida lawmaker to dismiss thousands of pending red-light camera cases.  Citations for lawful right turns on red lights and “rolling rights” are all too common.  Contact a qualified Central Florida traffic defense attorney before paying this type of citation or if you have any questions.

Unless otherwise posted, the maximum speed limit in Florida is 55mph.  Residential and business areas have a speed limit of 30mph, and interstates have a maximum speed limit of 70mph with a minimum speed limit of 50mph.
Despite posted speed limits, it is against the law to drive faster than what is considered reasonable for the current driving conditions.  Therefore if the posted speed limit is 70mph with a minimum of 50mph, but weather conditions make it unsafe to drive faster than 40mph, a driver going 60mph would still be breaking the law.
Conversely, driving too slow is also against the law.  Drivers are never to drive so slow that they impede or block the normal flow traffic unless it is necessary to maintain safe operation of the vehicle or it is in compliance with the law.

You should contact a Central Florida traffic defense lawyer soon after being issued a citation.  Our experienced traffic defense attorneys will offer you a FREE consultation so you can fully understand the legal process and the law as it applies to your specific situation. Before you make any decisions, and before you go to court unprepared, you should know your rights and you should know your options.

Orlando Traffic Defense Attorneys - Bogin, Munns & Munns
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