Criminal Traffic Violations

Some of the most common traffic violations can result in fines, a driver’s license suspension, or even jail time.

Like many drivers, you may be uncertain of your rights when you receive a criminal traffic violation. The fine may be the least of your worries when you receive a criminal ticket. You can face long time financial costs due to higher car insurance premiums. Some criminal traffic violations may also result in a county jail sentence and the loss of your driving privileges.

For those who have had several traffic tickets, they can be issued a habitual traffic offender revocations. Florida Statute § 322.264 defines a habitual traffic offender as someone who has accumulated a certain number of criminal convictions or offenses within a five-year period. A habitual traffic offender can have his or her license permanently revoked or suspended for up to five (5) years.

Vehicular manslaughter is considered a traffic offense that comes with serious sanctions if convicted. Florida Statutes § 782.07 says vehicular manslaughter is caused by someone operating a motor vehicle negligently, and it results in the death of another person. A vehicular homicide charge is a level above manslaughter because the offender acted recklessly. To be specific, Florida Statute § 782.071 states that vehicular homicide is the killing of another human by operating a motor vehicle in such a reckless way that is likely to cause bodily harm or death to another person.

​

Another traffic violation that occurs if fleeing with the intent to elude. This criminal traffic offense is defined in Florida Statutes § 316.1935, which says that any person who has been ordered to stop by a law enforcement officer, and has knowledge he or she has been ordered to stop, but does not could be charged. Someone who attempts to flee or does flee from an officer, can also be charged with this third-degree felony.

​

Leaving the scene (often called hit-and-run) is defined in Florida Statutes § 316.027. Any person who is involved in a car accident that causes injury to someone else must stop their vehicle and remain at the scene until they are permitted to leave. Anyone who does not do this, intentionally, commits a felony of the third degree. After a traffic crash it is always best to remain at the scene until you have complied with all of your obligations under Florida law. Leaving the scene without complying with your legal obligations can lead to serious criminal charges for hit and run (often called "leaving the scene" or "hit and skip"). The law is unforgiving when it comes to criminal charges for leaving the scene of a traffic crash

​

If someone causes death to another person from an automobile accident and intentionally leaves the scene, he or she could be convicted of a felony of the first degree. Additionally, under Florida Statute § 316.061, if someone is involved in a car accident, and causes property damage or damage to another vehicle, and intentionally leaves the scene, they can be found guilty of a misdemeanor of the second degree.

​

Reckless driving, according to Florida Statutes § 316.192, is when a person drives without care for the safety of other drivers or drives in complete disregard for the safety of others or property.

The criminal offense of reckless driving is governed by Florida Statute Section 316.192. Reckless driving can be alleged even if no traffic accident occurred (a.k.a. the so-called "wreckless" driving case).

Regardless of whether a crash occurred, the officer might allege that you drove your vehicle with “willful or wanton disregard” for the safety of another person or property.

• The term vehicle is defined as "every device in, upon, or by while any person or property is or may be transported or drawn upon a highway.

• The term willful means intentionally, knowingly, and purposely.

• The term wanton means conscious and intentional indifference to the consequences and with the knowledge that damage is likely to occur.

The offense of reckless driving is not focused on any particular action of the driver, but instead it is focused on the driver’s state of mind. In many of these cases the prosecutor has a difficult time proving the driver's "state of mind," especially when the defendant did not make any statements admitting guilt and no accident occurred.

Willful and wanton disregard for the safety of other requires more than merely driving too fast or improper passing.

Protecting Your Driver's License from a Conviction for Reckless Driving

If you are convicted of reckless driving, you will receive four (4) points on your Florida driving record which can cause a serious increase in your insurance premiums, not to mention a criminal record.

If the court agrees to "withhold adjudication" then you will not receive any points on your Florida driving record. The withhold of adjudication also means that you might be eligible to seal the record if you have no other criminal convictions.

​

Another common offense in Florida is driving while license suspended. Florida Statutes § 322.34 states that anyone whose license has been suspended or revoked and drives on Florida’s roads can be found guilty of a moving violation, misdemeanor or felony, depending on the reasons for the license suspension, the number of prior offenses and the alleged offender’s knowledge of their suspended license. Alan S. Bernstein P.A. can help.

Penalties for Criminal Traffic Violations

Penalties associated with criminal traffic crimes in Florida depend on the severity of the offense. The penalties are outlined in Florida Statutes § 775.082 and 775.083 as follows:

• First-degree felony – punishable by up to 30 years in prison and/or a fine up to $10,000

• Second-degree felony – punishable by up to 15 years in prison and/or a fine up to $10,000

• Third-degree felony – punishable by up to 5 years in prison and/or a fine up to $5,000

• First-degree misdemeanor – punishable by up to one year in jail and/or a fine up to $1,000

• Second-degree misdemeanor – punishable by up to 60 days in jail and/or a fine up to $500

When your Commercial Driver's License (CDL) is Threatened

Criminal offenses can cause a trucker serious problems. When insurance rates go up, it’s going to cost you and your employer. If you have too many violations, your CDL can be revoked. Without your CDL, you can lose your job. If you’re a truck driver, talk to an experienced traffic violation attorney. Let Alan S. Bernstein P.A. protect your livelihood.