Traffic offenses may seem minor when compared to other criminal offenses, but they can have serious consequences. Those accumulating demerit points in Ft. Lauderdale could face consequences like license suspension and fines. If you have been charged with a traffic offense, consult an experienced traffic attorney that is familiar with the traffic point system and could advocate for you.
What Determines the Points Assigned to Particular Offenses?
In Ft. Lauderdale, points assigned to particular traffic offenses are governed by Florida statutes. Specifically, Chapter 316 of the Florida Statutes assigns points for particular offenses. The amount of points that a person can receive depends upon the type of offense that they are charged. In Florida and in Fort Lauderdale, an individual only gets points if they are convicted or receive a conviction for the offense. There is a way to avoid points by receiving a withholding of adjudication. It is an avenue by which somebody could avoid having points on their record.
Basically, it is dependent on the type of offense and the seriousness of the offense. The most common citation or violation in Ft. Lauderdale that would result in points would be a speeding ticket or a speeding violation. Also, any allegation of speed up to 15 miles an hour over the limit usually carries with it three points against the individual’s driver’s license. Anything over 15 miles per hour or more over the speed limit in Fort Lauderdale would result in four points against an individual’s driver’s license. Then, any allegation or charge of speeding that also results in an accident comes with six points against the person’s driver’s license record.
Common Traffic Violations That Carry Points
Common violations in Ft. Lauderdale that carry points would be operating a motor vehicle with an open container. That violation carries three points if an individual is convicted or adjudicated guilty of an open container violation charge. Child safety restraint violations are generally three-point violations. Littering in Ft. Lauderdale carries with it three points against an individual’s driver’s license.
Another way someone could find themselves accumulating demerit points in Ft. Lauderdale is by leaving the scene of an accident that results in property damage over $50. That offense typically carries six points against an individual’s driver’s license record. Reckless driving is a common charge that is a four-point violation. Any accident that results from a moving violation carries a four-point violation.
The points are determined by state statute. Depending upon what offense an individual is charged with and whether or not they received an adjudication or court conviction, an individual might or might not receive points.
How a Ft. Lauderdale Traffic Ft. Lauderdale Traffic Attorney Could Help
First and foremost, if successful, an experienced traffic attorney could help by putting an individual in a position whereby they could get their driving privileges restored. More specifically, a skilled and experienced traffic defense lawyer may know how to analyze the driver’s license record, look at the history, look at each particular case, and assess what needs to be done from a legal perspective to have the points removed from somebody’s driver’s license record and history.
In cases where somebody has legal grounds or a legal basis, attorneys could help by filing the appropriate motion to get the points down to where they are not going to affect the driving privileges or the insurance that is causing an individual’s issue or problem as it relates to having too many points on their record. Lawyers could also help by analyzing an individual’s record and moving forward with a successful motion to remove those points from an individual’s record. If an individual wants to know more about how to avoid accumulating demerit points in Ft. Lauderdale, or what to do if they have accumulated points on their license, they should speak with a qualified lawyer that could help.