Criminal traffic violations go beyond simple moving violations and occur when you operate a vehicle recklessly and cause bodily harm or property damage. While moving violations result in fines, points on your license, and completing driver’s education courses, criminal traffic violations are criminal charges that could result in jail time, fines, community service hours, and your license revoked. Below, we discuss everything you need to know about criminal traffic violations.
Common Types of Criminal Traffic Infractions
Here are the most common types of criminal traffic violations issued by Florida law enforcement:
Vehicular Homicide
According to Florida Statute 782.071, vehicular homicide occurs when someone kills another by operating a motor vehicle recklessly.
Driving Under the Influence
Driving while intoxicated is one of the most common causes of traffic accidents in Florida. You can be charged with DUI if you’re found to be operating a moving vehicle with a blood alcohol level of .08 (or higher) or are determined to be under the influence of a chemical substance.
DUI Manslaughter
You could be charged with DUI vehicle manslaughter if you kill another person while operating a vehicle under the influence of drugs or alcohol.
Driving with a Suspended or Revoked License
You can be criminally charged if caught driving with a suspended license. The charge you’ll face depends on why your license was initially revoked.
Leaving the Scene of an Accident
According to Florida Statute 316.027(2)(a), a driver must stay at the scene of a crash involving an injury until aid is rendered and details are given to law enforcement.
Reckless Driving
Reckless driving is an infraction that could be considered a moving violation or a criminal offense, depending on the circumstances. For example, speeding is usually a moving violation. However, if you’re found driving 30 mph or more over the posted speed limit, you could face a criminal charge.
Habitual Traffic Offender
If you’ve committed several traffic violations within five years, each new charge has increased consequences, including losing your driver’s license for up to five years.
Penalties for Criminal Traffic Violations
Unlike moving violations, which go away after a certain amount of time, criminal traffic infractions stay on your record permanently. In addition to being convicted of a crime and facing sentences including fines and jail time, you’ll face other challenges such as increased car insurance costs, difficulty finding a job, and housing limitations. Here are the types of penalties you can expect for traffic infractions:
Traffic Misdemeanors
- Reckless driving resulting in property damage.
- Failure to remain at the scene of an accident in a crash with property damage.
- Intentionally driving with an expired or invalid driver’s license.
- DUI (first or second offense).
- Speeding 30 mph over the posted speed limit.
- Failure to comply with law enforcement or first responders during a traffic stop.
Traffic Felonies
- Reckless driving resulting in serious injury.
- Failure to remain at the scene of an accident in a crash with serious bodily injury or death.
- DUI with serious bodily injury.
- Vehicular homicide.
- Fleeing the scene or eluding a law enforcement official.
- Speeding more than 50 mph above the posted limit.
- Driving as a Habitual Traffic Offender with a suspended license.
- Leaving a child unattended in a vehicle causing great bodily harm or death.
Defending Criminal Traffic Charges
Criminal traffic charges largely depend on the assessment and opinions of law enforcement officers at the scene of the crash. If they failed to provide a reasonable assessment or didn’t adhere to proper testing procedures, those details can be used as part of your defense. Another defense is not knowing your license was suspended. In addition, a criminal defense attorney can work with you to help lessen your charges. For instance, if you’re charged with a misdemeanor for going 30 mph over the speed limit, you could receive less severe punishments if you can prove you only went 20 mph over. It’s important to speak with an attorney to discuss the circumstances of your case.
Defending Criminal Traffic Violations in Osceola County
Facing a traffic violation can have significant consequences. Don’t risk it. If you or a loved one have been charged with a crime while using a motor vehicle in Florida, contact criminal defense attorney Alison M. Lopes to represent your rights. With over a decade of experience, we have gained favorable outcomes for those facing criminal traffic violations. We’ll analyze your case, identify potential defenses, and craft a compelling strategy to protect your rights. Contact us today for a consultation, or call 407-442-2724 to discuss your case.