Typical Traffic Offenses (The Skinny)

Speeding

Any speeding violation where the driver is accused of going 15 miles per hour or less over the speed limit may result in three (3) points being assessed against one’s driver license. Any speeding violation where the driver is accused of going 16 miles per hour or more over the speeding limit may result in four (4) points being assessed against one’s driver license.

Speeding (30 Miles Or More Over The Speed Limit)

This mandates an appearance before a Judge (not a Hearing Officer) and one cannot elect school. And, the sentences tend to be real stiff. An attorney is a must.

Accident With Serious Bodily Injury

This mandates an appearance before a Judge (not a Hearing Officer)) and one cannot elect school. And, the sentences tend to be real stiff. An attorney is a must.

Running A Red Light (Non-Camera)

These types of tickets may result in three (3) points being assessed against one’s driver license. The light turned red while I was in the intersection is almost always a losing defense.

Running A Red Light (Camera)

These types of tickets if paid up front will not result in any points being assessed against one’s driver license. However, paying off such an infraction is looked at as a safety issue and may result in increased insurance premiums. The owner of the vehicle is the only one who will be charged even if someone else was driving his or her vehicle at the time of the infraction. The Florida Statutes require the police to jump through lots of technical hoops to effectively prosecute these tickets (notice, records custodian requirements, etc.) and so this type of charge is very defensible in Court.

Running A Stop Sign

These types of tickets may result in three (3) points being assessed against one’s driver license. I made a California stop (slowed down significantly) or no other traffic was impacted are not valid defenses. FAILURE TO MAINTAIN A SINGLE LANE These types of tickets may result in three (3) points being assessed against one’s driver license. The statute requires other traffic to have been impacted and we often make Motions to Dismiss based on this technicality .

Careless Driving And Failure To Use Due Care (No Serious Bodily Injury)

These types of tickets may result in three (3) points being assessed against one’s driver license. The case law requires an adequate description of the improper driving and we often make Motions to Dismiss based on this technicality.

Improper Start

These types of tickets may result in three (3) points being assessed against one’s driver license. The statute requires other traffic to have been impacted and we often make Motions to Dismiss based on this technicality.

Driving While License Suspended Charges

It is imperative that you hire a lawyer for this type of charge regardless of whether the officer writes it up as an infraction or a crime. Any combination of 3 driving while license suspended or DUI criminal dispositions within a 5 year period, whether adjudication is withheld or not, will result in your being categorized as a Habitual Traffic Offender thus triggering an automatic 5 year driver license revocation. Even convictions on driving while license suspended infractions can be counted toward said habitualization. And, if it is your fourth offense or more, you could be charged with a Third Degree Felony.