(561)988-8000 Criminal violations of Florida’s traffic laws are much more severe than simple driving infractions or traffic tickets, and can qualify as misdemeanor or felony offenses. Potential punishments include incarceration and significant fines, as well as a criminal record and the loss of driving privileges. That is why it may be crucial for anyone facing traffic charges to speak with a knowledgeable criminal attorney. Contact a Wellington traffic lawyer right away.
What are the Common Traffic Violations?
The primary difference between misdemeanor and felony traffic charges is in potential consequences. Misdemeanors can result in up to one year in county jail, while felonies carry state prison sentences of longer durations. As a Wellington traffic lawyer knows, the Court may also impose fines, and the law requires even weightier punishments for habitual traffic offenders.
The most serious offense is causing a death in a traffic collision, called vehicular manslaughter or homicide. Even though the cause of the collision was a traffic infraction such as failing to yield the right-of-way, the death that ensued is a felony criminal offense in cases of extreme negligence. Without extreme negligence, there is still a serious traffic offense which can result in a large fine and a lengthy loss or suspension of driving privileges.
Understanding DUI Offenses
Driving under the influence of alcohol and drugs is a misdemeanor, and it becomes an enhanced first-degree misdemeanor if injury or property damage occurs as a result, or a third-degree felony if the defendant has three or four prior convictions.
Hit-and-runs or leaving the scene of an accident with serious injuries or death are felonies that violate Wellington and Florida law. Drivers involved in an accident cannot leave the scene of an accident, with or without injuries until they speak with the other drivers involved and the police and exchange information. They also must attempt to render aid to any injured persons, even if that is just a call to 911.
Other common criminal traffic offenses include driving recklessly, attempting to evade law enforcement, street racing, driving with a suspended license, or knowingly driving without a valid license.
What is the Traffic Case Process?
Politely declining to answer questions unless a Wellington traffic lawyer is present may be an important step towards protecting individual rights against self-incrimination and reduces the chance of providing the State with evidence.
A criminal charge requires law enforcement officers to arrest the violator and go through the booking process. An initial appearance and later an arraignment in Court officially notifies the person of the charges and sets bail. The Court then holds pretrial conference between both sides and schedules Court dates. Failing to appear for any of these steps adds to the criminal charges.
How Accurate are Radar Instruments?
Law Enforcement believes radar instruments are the most accurate of the speed reading instruments in Wellington. A person accused of speeding by a radar device may claim that the officer got the wrong car or that the device was not calibrated. Officers using a radar device should be properly trained on how to use one and they must also make sure the device is correctly calibrated.
The defense attorney may question the officer’s training because an officer does not write a speeding ticket unless they are trained to do so. In speeding cases, there may be issues with equipment failure, failure to maintain proper paperwork to support the equipment, and radar interference. A witness might give evidence that they believe the police officer pulled the wrong vehicle over for speeding. Speeding tickets are generally difficult to beat in court because it is the driver’s word versus an officer. It is the Judge’s responsibility to decide whether the officer got an accurate, reliable reading of the speed of the right vehicle and whether the speed is over the legal limit.
Pacing in Traffic Cases
Pacing refers to the practice of an officer to determine the speed of a vehicle while following the vehicle for about a quarter of a mile. During the time they are following the vehicle, they maintain the same distance. The officer tracks the speed of the vehicle for the prescribed distance using their speedometer that is calibrated to be accurate and reliable by the police department. Pacing is admissible evidence of speeding.
There are several issues regarding pacing in speeding cases. There may be questions as to whether or not the vehicle was gaining or whether the officer maintained the same distance while following the vehicle. Without a video, how does one verify how far or how long the law enforcement officer followed the vehicle to ensure the pace is accurate and reliable? The officer is driving at a fast rate of speed, making sure that the distance between the two vehicles is the same, keeping an eye on the vehicle being tracked, watching out for other vehicles, and maintaining communications through radio. How does one verify that the officer got the correct speed?
Pacing is subjective and is open to questions about reliability. The defense attorney needs to have the right evidence and the mindset to review a checklist of actions that can be implemented to cast doubt on the pacing and avoid a conviction.
Defending Against Criminal Traffic Charges
The Prosecution must share all evidence with the defense. The defense attorney’s job is to re-evaluate the State’s evidence in the light mot favorable to the Client, and challenge it for accuracy and admissibility in Court. Sometimes investigators contaminate evidence or lose it. Other times the evidence is insufficient to meet the law’s requirement that a jury must be convinced of guilt beyond a reasonable doubt. The defense also can conduct an independent investigation to develop evidence that is favorable to them, challenge statements of witnesses, and bring its own witnesses.
In most cases, the Prosecution offers the Defendant a compromise, called a plea bargain. The State will reduce the charge to a lesser one in return for a guilty plea and spare the State the expense of a trial. The defense attorney can make a counteroffer to negotiate a more satisfactory agreement, but the final decision always rests with the person facing the charges after they have been fully advised by a Wellington traffic lawyer. Considering the severity of the penalties, it is generally advisable to obtain legal representation as soon as possible after a traffic charge.
