Orlando Criminal Attorney & Orange County Florida DUI Lawyer -
Florida Criminal Traffic Offenses
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WILSON
LAW FIRM, P.L.
Attorney at Law
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Call the Wilson Law Firm Today at: (407) 648-5255
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Orange County Criminal Defense Lawyer - Traffic Crimes:
There are a number of different criminal traffic offenses and many of these
offenses carry significant penalties upon conviction. If you have been arrested
for a criminal traffic offense, you should speak with an experienced criminal
defense attorney at your earliest opportunity to learn about your rights and
the defenses that may be available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding various criminal traffic offenses:
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. The penalties increase for each subsequent offense as
shown here.
1) A first conviction is a misdemeanor of the second degree punishable by up to 60 days in the county jail.
2) A second conviction is a misdemeanor of the first degree punishable by up to 1 year in the county jail.
3) A third or subsequent conviction is a felony of the third degree punishable by up to 5 years in State Prison.
When the offense involves a commercial motor vehicle, the penalties also increase as shown here.
1) A first conviction is a misdemeanor of the first degree punishable by up to 60 days in the county jail.
2) A second or subsequent conviction 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If the person whose driver's license has been revoked is a habitual offender and they drive any motor vehicle upon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.
For More Information about this criminal offense visit the following page Driving While License Suspended
Fleeing & Eluding - This occurs when the operator of any vehicle, having knowledge that he or she has been
ordered to stop such vehicle by a duly authorized law enforcement officer, willfully refuses or fails to stop the vehicle
in compliance with such order or, having stopped in knowing compliance with such order, willfully flees in an attempt
to elude the officer. This offense is a felony of the third degree punishable by up to 5 years in State Prison.
Penalties for this offense can increase though depending on the circumstances involved in the case. If in the course
of fleeing or attempted eluding the individual commits any of the following acts such as:
1) Driving at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or
property, they commit a felony of the second degree punishable by up to 15 years in State Prison.
2) Driving at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or
property, and causes serious bodily injury or death to another person, including any law enforcement officer involved
in pursuing or otherwise attempting to effect a stop of the person's vehicle, they commit a felony of the first degree
punishable by up to 30 years in State Prison. A person convicted of committing this aspect of the offense is subject
to a mandatory minimum sentence of 3 years imprisonment.
Also, any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash, having
knowledge of an order to stop by a duly authorized law enforcement officer, willfully refuses or fails to stop in
compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in an attempt
to elude such officer and, as a result of such fleeing or eluding:
1) Causes injury to another person or causes damage to any property belonging to another person, commits
aggravated fleeing or eluding, they commit a felony of the second degree punishable by up to 15 years in State
Prison.
2) Causes serious bodily injury or death to another person, including any law enforcement officer involved in
pursuing or otherwise attempting to effect a stop of the person's vehicle, commits aggravated fleeing or eluding with
serious bodily injury or death, they commit a felony of the first degree punishable by up to 30 years in State Prison.
In addition, the court must sentence any person convicted of committing aggravated fleeing or eluding with serious
bodily injury or death to a mandatory minimum sentence of 3 years imprisonment. The court will also revoke, for a
period not less than 1 year nor exceeding 5 years, the driver's license of any operator of a motor vehicle convicted of
fleeing and eluding.
Any motor vehicle involved in a violation of this law is deemed to be contraband, which may be seized by a law
enforcement agency and is subject to forfeiture.
For More Information about this criminal offense visit the following page Fleeing & Eluding
Habitual Traffic Offenders - 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 the specified number
of convictions for offenses described below within a 5-year period:
Three or more convictions of any one or more of the following offenses arising out of separate
acts:
1) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
2) Any violation of Florida Statute 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; or
6) Driving a commercial motor vehicle while his or her privilege is disqualified.
Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in Florida Statute
322.27, including those offenses listed above.
A person who drives while their license is suspended as a habitual traffic offender commits a felony of the third
degree punishable by up to 5 years in State Prison.
For More Information about this criminal offense visit the following page Habitual Traffic Offenders
Leaving the Scene of an Accident - Essentially, the driver of any vehicle involved in a crash must
immediately stop their vehicle at the scene of such crash or as close thereto as possible and remain at, the scene of
the crash until he or she has fulfilled the requirements of Florida Statute 316.062. The penalties for this crime vary
depending on the circumstances involved with the accident.
1) If the accident results only in damage to a vehicle or other property it is second degree misdemeanor punishable
by up to 60 days in the county jail.
2) If the accident results in injury of any person it is a felony of the third degree punishable by up to 5 years in State
Prison.
3) If the accident results in the death of any person it is a felony of the first degree punishable by up to 30 years in
State Prison.
For More Information about this criminal offense visit the following page Leaving the Scene of an Accident
No Valid Drivers License - This occurs when a person operates a motor vehicle in this state without a valid
driver's 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.
For More Information about this criminal offense visit the following page No Valid Drivers License
Reckless Driving - This occurs when a person drives any vehicle in willful or wanton disregard for the safety of
persons or property is guilty of reckless driving. 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.
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.
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 directive of the
court requiring completion of such course, evaluation.
For More Information about this criminal offense visit the following page Reckless Driving
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For Information on some of the Penalties, Fines and Points for Civil Traffic Infractions click on the following links:
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 322.27 - Authority of department to suspend or revoke license. (Points assigned for Specific
Traffic Crimes and Inffractions)
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Orlando Criminal Lawyer & Orange County Florida DUI Attorney
Call Today: (407) 648-5255
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Call Today: (407) 648-5255
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