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Traffic Offenses

Elsea Law Criminal Defense Traffic Offenses

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Tampa Traffic Offense Lawyer

Criminal traffic charges in Tampa can range from minor offenses such as reckless driving or driving with a suspended license, up to much more serious felony offenses such as DUI manslaughter and vehicular manslaughter. If you or a loved one have been accused of a traffic crime, it is critical to contact an experienced criminal defense attorney in Tampa, FL. With years of experience prosecuting cases and defending clients, Joel Elsea is ready to fight and put his experience to work for you! Call the Elsea Law Firm today at 813-451-8583 to schedule your free consultation today.

Common Traffic Violations

Reckless Driving

  • Florida Statute § 316.192
  • Definition: When an individual drives a vehicle without caring for the safety of other drivers or property
  • Reckless driving is a misdemeanor charge in the Florida

Driving While License Suspended

  • Florida Statute § 322.34
  • Definition: Driving or operating a vehicle on Florida roads without a valid driver’s license.
  • Depending on the circumstances, this charge can be a misdemeanor or felony.

Habitual Traffic Offender in the State of Florida

  • Florida Statute § 322.264
  • If you have numerous traffic tickets, you may be classified as a habitual traffic offender in Florida.
  • Definition: When an individual has accumulated a specific amount of offenses or criminal convictions within a five-year-period of time, they can be deemed a habitual violator.
  • A habitual traffic offender can end up having their driver’s license suspended for up to 5 years

Vehicular Manslaughter

  • Florida Statute § 782.07 
  • Vehicular manslaughter is when, due to negligent operation of a motor vehicle, there is death to another person.
  • Vehicular Homicide is a more sever charge and is more likely to be charged when there was blatant reckless behavior in operating of a motor vehicle which leads to the death of another.
  • Vehicular manslaughter and homicide are very serious felony charges that can be life-altering for all parties involved and can carry a significant prison sentence.

Fleeing with Intent to Elude

  • Florida Statute § 316.1935
  • When an individual refuses to stop when ordered to do so by a LEO they are likely to be charged with fleeing with intent to elude.
  • This charge is a third-degree felony in the state of Florida

Leaving the Scene/Hit-and-Run

  • Florida Statute § 316.027
  • When an individual is involved in a car crash that results in injury to another indvidual, by law they are required to stay at the scene. Failure to stay at the scene can result in a charge of leaving the scene of an accident.
  • Leaving the scene of an accident is a third-degree felony in Florida. If, rather than just injury, the accident results in death, this can become a first-degree felony.
  • Leaving the scene of an accident in which there is property damage is considered a second-degree misdemeanor in Florida.

Driving Point System in Florida

The State of Florida operates off of a point system. Each offense is assigned a number of points and individuals convicted of those offenses will likely receive the corresponding points on their license. If a person builds up too many violations and points in a specific period of time, their license is likely to be suspended.

Any individual who acquires 12 points within a 365-day period is subject to having their license suspended for 30 days. This suspension can be escalated to 90 days if there are 18 points gained in 18 months. Any driver who gains 24 points on their driver’s license over 36 months will be subject to a one-year suspension.

Traffic school is a great way to avoid points on your license if you have received a violation. Drivers are eligible to attend traffic school once-per-year and a maximum of 5 times within any 10-year-period.

An experienced traffic violation lawyer in Tampa will be able to help you better navigate the circumstances of your case and fight to keep you behind the wheel. Contact the traffic attorneys at Elsea Law today to schedule your free consultation. In certain instances, if your license is suspended because you have too many points, you can possibly complete at 12-hour driving course aimed at Advance Driving Impairment, which, along with paying the fees, can allow you to obtain a hardship license.

Points for Traffic violations in Florida

  • 3 Points
    • Toll Violations
    • Speeding 15 miles above or below the speed limit
    • Parking your vehicle on a highway
    • Other moving violations
    • Failure to properly restrain a child
    • Possession of an open container of alcohol
  • 4 Points
    • Going more than 15 miles over the legal speed limit
    • Passing a school bus that is stopped
    • Driving during restricted hours
    • Failure to stop for a red light
    • Crash caused by a moving violation
    • Reckless driving
  • 6 Points
    • Crash which is caused by a speeding violation
    • Leaving the scene of an accident in which there is property damage exceeding $50 in value

Criminal Traffic Violation Penalties in Tampa, FL

As with all criminal defense cases, the punishments for traffic crimes all vary based on the severity of the crime.

  • Second-Degree Misdemeanor
    • Up to 60 days in jail
    • Fines of up to $500
  • First-Degree Misdemeanor
    • Up to one year in jail
    • Fines of up to $1000
  • Third-Degree Felony
    • Up to five years in Florida Department of Corrections
    • Fines of up to $5000
  • Second-Degree Felony
    • Up to fifteen years in Florida Department of Corrections
    • Fines of up to $10,00
  • First-Degree Felony
    • Up to thirty years in Florida Department of Corrections
    • Fines of up to $10,000

Florida Traffic Violations Resources

Traffic Offense Lawyer in Tampa, FL

If you or a loved one have been charged with a criminal traffic violation, it is imperative to contact an experienced Tampa traffic attorney to begin formulating your defense and ensure your rights are protected. Contact an experienced attorney at the Elsea Law Firm today to schedule your free consultation, or give us a call at 813-451-8583.

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