Orlando Lawyers - Criminal Defense

ORLANDO LAWYERS - CRIMINAL DEFENSE, DIVORCE, DUI & PERSONAL INJURY

809 Irma Avenue Suite 2
Orlando, Florida 32803
Tel: (407) 648-5255

The hiring of an attorney is an important decision which should not be based solely on advertisements. The information presented at this site is not legal
advice, and does not create an attorney-client relationship. This site is designed to provide only general information. The facts of your case are unique,
and you should consult an attorney for advice regarding your individual situation. We invite you to contact us to speak with an Orlando DUI Lawyer at your
earliest convenience to schedule a consultation.

CRIMINAL TRAFFIC OFFENSE INFORMATION:
There are a number of different criminal traffic offenses and many of
these offenses carry significant penalties upon conviction. In some
of these cases, the police lacked a justified reason to stop the vehicle,
and even in cases where the stop was justified there may be other
motions and defenses. Speak with a criminal defense attorney
about your case and the defenses that may be available.

At our Orlando law firm, we've handle hundreds of cases involving
traffic offenses. Call us today at (407) 648-5255 for a Free Case
Review of your individual situation.

The following section provides some general information about some 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.

A first conviction is a misdemeanor of the second degree punishable by up to 60 days in the
county jail.
A second conviction is a misdemeanor of the first degree punishable by up to 1 year in the
county jail.
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.

A first conviction is a misdemeanor of the first degree punishable by up to 60 days in the county
jail.
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If the person whose driver's license has been revoked is a habitual offender and they drive any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.

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:

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.
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:

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.
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.

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:

Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
Any violation of Florida Statute 316.193;
Any felony in the commission of which a motor vehicle is used;
Driving a motor vehicle while his or her license is suspended or revoked;
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
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.

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.

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.
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.
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.

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.

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

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.
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:

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.
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.

Call us today at (407) 648-5255 to speak directly with an Orlando Criminal Defense Attorney about
your individual situation.

For more information about some of the criminal charges we provide representation on,
please visit the links below:

WILSON

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