TRAFFIC VIOLATIONS

Traffic violations, especially serious ones such as reckless driving or hit and run, can have major legal and financial repercussions. If convicted, you may face fines, license suspension, increased insurance premiums, and even jail time.

Definition and Legal Definition

Traffic Violations encompass a wide range of offenses committed by drivers of vehicles, typically involving breaches of traffic laws. These can range from minor infractions to serious criminal offenses.

Examples of Traffic Violations:

Speeding: Driving above the posted speed limit.
Reckless Driving: Operating a vehicle with willful disregard for the safety of persons or property.
DUI/DWI: Driving under the influence of alcohol or drugs.
Hit and Run: Leaving the scene of an accident without providing contact information or aiding the injured.
Driving with a Suspended License: Operating a vehicle while knowing your license is suspended.
Running a Red Light: Failing to stop at a traffic signal.
Failure to Yield: Not giving the right of way when required.

Potential Defenses:

As your defense attorney, we will explore all possible defenses, including:

Mistaken Identity: Arguing that the defendant was not the person driving the vehicle.
Emergency Situations: Arguing that the defendant violated the traffic law due to an emergency.
Faulty Equipment: Challenging the accuracy of speed detection devices or traffic cameras.
Lack of Evidence: Arguing that there is insufficient evidence to support the violation.
Procedural Errors: Identifying any procedural errors during the traffic stop or citation process.

Statistics on Traffic Violations in Florida and Miami-Dade County:

Florida issued over 4 million traffic citations in 2022.
Miami-Dade County issued 550,000 traffic citations in the same year.
DUI charges accounted for 3.5% of all traffic violations in Florida.

What to Do if Falsely Accused:

If you are falsely accused of a traffic violation, it is crucial to:

Contact a Defense Attorney: Immediately seek legal counsel to protect your rights.
Document Everything: Keep detailed records of all interactions and incidents related to the accusation.
Avoid Speaking to Authorities Without Counsel: Ensure you have legal representation before discussing your case with law enforcement or prosecutors.

Reasons for False Accusations:

Mistaken Identity: Being wrongly identified as the driver.
Faulty Equipment: Inaccurate readings from speed detection devices or traffic cameras.
Misunderstanding: Actions being interpreted as violations due to situational misunderstandings.

Possible Jail Times and Fines:

Speeding: Penalties can include fines, points on your license, and increased insurance premiums.
Reckless Driving: Penalties can include fines, probation, and up to one year in jail.
DUI/DWI: Penalties can include fines, license suspension, mandatory DUI school, and jail time.
Hit and Run: Penalties can include fines, license suspension, and up to five years in prison.
Driving with a Suspended License: Penalties can include fines, probation, and up to one year in jail.
Running a Red Light: Penalties can include fines and points on your license.
Failure to Yield: Penalties can include fines and points on your license.

Specific Cases:

State v. Wells: A case that highlighted the importance of procedural accuracy in DUI arrests, where the defendant’s conviction was overturned due to faulty breathalyzer equipment.
State v. Thompson: A case where the defendant’s reckless driving charges were dismissed due to lack of evidence.

Can the Charges Be Dropped?

Yes, traffic violation charges can be dropped if:

Lack of Evidence: Insufficient evidence to support the charges.
Procedural Errors: Violations of legal procedures during the traffic stop or citation process.
Successful Negotiation: Negotiations leading to plea deals or agreements.

FAQs:

Q: Can traffic violation charges be expunged?
- A: In some cases, yes. It depends on the specifics of your case and whether you qualify under Florida law.
Q: How long do traffic violation investigations typically take?
- A: Investigations can vary in length, often taking several weeks to months depending on the complexity of the case.
Q: What should I do if I believe I’m under investigation for a traffic violation?
- A: Contact a defense attorney immediately and avoid discussing the matter with anyone except your legal counsel.

If you or a loved one is facing traffic violation charges, it is crucial to seek experienced legal representation. Contact our office today for a confidential consultation to discuss your case and explore your options.