West Palm Beach Traffic Lawyer

Florida has adopted state-wide statutes to make traffic laws uniform throughout all the different counties. However, that doesn’t always mean that these laws are interpreted and enforced the same way in each county.

Since so many criminal traffic cases are handled at the county level, it is important to understand how judges in the county where the offense occurred are likely to apply the law to a set of circumstances.

While traffic violations may seem less important than other areas of criminal law, the penalties for these violations can be severe and have a tremendous impact on everyday life. If you have been charged with a moving violation, it is wise to consult with an experienced West Palm Beach traffic Lawyer who can advise you on the best steps to take in your particular situation.

Types of Traffic Violations

Essentially, Florida law divides traffic violations into two types, criminal and civil. The civil offenses are considered less serious under the law and often involve the assessment of a fine and possibly an assessment of points against the driver’s license or attendance of driving school.

Examples of civil violations, many of which are referred to as “moving violations,” include making illegal turns, violating speed limits, failing to obey traffic signals (stop signs, red lights), failing to use due care, or following another vehicle too closely. Often, drivers receiving civil traffic citations will have their cases heard before a non-criminal magistrate. Criminal traffic violations can subject the offender to arrest and penalties imposed by a judge. Drivers charged with a criminal traffic offense are required to appear in court and face either Misdemeanor or Felony penalties, making hiring a West Palm Beach Attorney imperative.

Examples of Criminal Traffic Offenses

Some of the most common violations a traffic Attorney in West Palm Beach can assist with include:

• Driving under the influence of alcohol or controlled substances
• Leaving the scene of an accident with damage or injuries
• Hit and Run
• Reckless driving
• Driving with knowledge that the license has been suspended
• No valid driver’s license
• Unlawfully attaching tag
• Expired tag (greater than six months)
• Racing

But there are numerous other traffic offenses outlined in chapters 322 and 316 of the Florida Statutes that an Attorney may be able to assist with. The statutes dealing with the operation of motor vehicles, issuance of driver’s licenses, and related areas include many hundreds of requirements and regulations.

For instance, many people may not realize that it is a second-degree Misdemeanor to knowingly allow their driver’s license to be used by another (See 322.32(2)). Anyone who does so could face up to 60 days in jail and a fine of $500.

Penalties for Driving Violations

The basic penalties for criminal traffic offenses are set forth in Sections 775.082 and 775.083 and of the Florida criminal code.

• For a second-degree Misdemeanor such as knowingly driving with a suspended license (first offense), the penalty includes up to 60 days in jail and a fine of up to $500. Florida Statutes section 322.34.
• For a first-degree Misdemeanor such as reckless driving causing property damage, the penalty includes up to one year in jail and a fine of up to $1,000. Florida Statutes section 316.192.
• For a third-degree Felony, such as driving as a habitual traffic offender, the penalty includes up to five years in prison and a fine of up to $5,000
• For a second-degree Felony such as DUI manslaughter, the penalty includes up to fifteen years in prison and a fine of up to $10,000

In addition, the Florida Department of Highway Safety and Motor Vehicles may suspend or revoke the license of offenders. Other requirements may be imposed, such as the performance of community service or the use of an ignition interlock device. An Attorney in West Palm Beach can help a person understand the possible penalties for a traffic offense.

Understanding the Points System

The state uses a point system to penalize drivers who have committed a high number of moving violations. Each type of offense is assigned a different point value, and with each violation, the points add up. For example, speeding tickets carry as little as 3 points, while leaving the scene of an accident can carry up to 6 points. Drivers who reach a certain point threshold could have their license suspended. The penalties are as follows:

• 12 points in 12 months is a 30-day suspension
• 18 points in 18 months is a 3-month suspension
• 24 points in 24 months is a one-year suspension

These points are only awarded at the time of a guilty plea or conviction. That means a driver who successfully fights back against their ticket will never have points added to their license.

Long-Term Impact of Points Added to a License

When a person has points added to their license, not only would their driving privileges be harmed, but their insurability would also be affected as well. For example, if two drivers are applying for insurance, and one has been driving for 20 years and no tickets and the other has been driving for the same amount of time but has an average of one ticket per year, the driver with no tickets will likely not pay as much for insurance as the other driver who has had several citations over the previous years.

License points could also impact a person’s employability for certain professions. For example, if a driver is aiming to be a commercial driver, delivery driver, taxi driver, or a salesman, they could face difficult landing a job since insurance companies or a prospective employer might not want to insure them for having too many tickets.

One profession that could be significantly impacted by having points added to a license is being a pilot. Pilots may have trouble trying to renew their license since points added to a license could be used as evidence to say that the pilot is not fit to fly safely, especially if they are flying passengers or flying over densely populated areas.

Defenses to Traffic Charges

Many people accept a traffic ticket as an inevitability. They often pay the fine and move on with their life, dealing with the consequences for years. It is important to remember that a traffic offense is like any other criminal case. Not only do motorists have the right to fight back at trial, but there are defense strategies that can prove to be successful. A West Palm Beach Attorney could review a traffic violation case and determine what defense strategy may work best given the circumstances.

Subjective Defenses

Sometimes the police simply get the facts wrong. Officers are not infallible, and often times they write tickets for offenses that never occur. For example, an officer could fail to notice a driver’s signal before turning and write them a ticket.

That driver has the ability to fight back at trial, arguing that they did, in fact, signal before the turn. The reality is that proving the police made a mistake can be difficult, as the court will likely take the officer’s word for it.

That is where having the right attorney comes into play. Identifying evidence that backs up the driver’s story could be crucial in these cases. This could include a video of the traffic stop or a statement from a witness.

Constitutional Defenses

Any violation of a driver’s constitutional rights could serve as a viable defense to a traffic ticket. Specifically, the police do not have the right to pull over a driver without a reasonable suspicion that a crime or traffic offense has taken place. If the police pull over a driver for no reason and learn the motorist did not have insurance, an attorney could push to dismiss the case on constitutional grounds.

While this defense can be a strong option, the reality is that most traffic tickets occur because an officer witnessed them happen. Witnessing a traffic violation—no matter how minor—is enough reasonable suspicion for the police to make a stop.

Jurisdictional Issues

Not all law enforcement officers have the power to police every corner of the state. If an officer is outside of their jurisdiction, they do not have the legal right to issue a citation for a traffic violation. A local attorney might be able to secure a dismissal for a ticket written outside of the appropriate jurisdiction.

Mistaken Identify

Cases of mistaken identity are common among moving violations, especially when they take place in heavy traffic. It is not unusual for an officer to witness a violation while traveling in the opposite direction or while parked on overpasses or side streets.

In the time it takes to catch up to the driver, it is not unusual for an officer to lose visual contact. This can lead the police to pull over the wrong driver, who happens to be in a similar vehicle. Showing the court that this ticket was a case of mistaken identity could be a viable defense.

Challenging Driver’s License Points

A person can challenge the points added to their license depending on the type of points they received. In some cases, there may have been a mistake made by the state. To correct the mistake, the driver and their attorney would go back to court on a motion to correct the sentence and order the DMV to reflect the appropriate sentence. If the offense occurred out of state, they would have to go back to the home state where the offense occurred and try to correct the mistake, and then have Florida honor the removal.

Unfortunately, if the Court issued points against the driver, there is no way for the driver to get them removed unless they were inappropriately put on there in the first place.

Why Hire a Traffic Lawyer?

Many drivers assume that because a traffic offense is not as serious as other criminal charges, there is little benefit to retaining legal counsel. In reality, even a seemingly minor traffic citation can have consequences that last for years. Points added to a driver’s license, increased insurance premiums, license suspensions, and the creation of a permanent driving record can all affect a person’s future long after the case is resolved.

A West Palm Beach Lawyer can evaluate the specific circumstances of a traffic violation case and identify issues that may not be immediately apparent. Some cases involve factual disputes regarding what occurred during the traffic stop. Others involve questions about jurisdiction, mistaken identity, constitutional issues, or whether the State can prove every element of the offense. Identifying these issues early can help a Defendant make informed decisions about how to proceed.

Traffic laws are more complex than many people realize. Florida law contains extensive provisions governing motor vehicles, licensing requirements, registration obligations, and criminal traffic offenses. What may appear to be a straightforward citation can involve legal issues that require a detailed understanding of Florida law.

Hiring an Attorney also means having someone who can communicate with the Court, review the evidence, explain potential consequences, and help the Client understand available options. At Leifert & Leifert, one of our lawyers can examine the facts of a traffic case and work toward the best result possible for you. Whether the goal is protecting driving privileges, avoiding unnecessary penalties, or challenging the allegations themselves, legal representation can provide valuable guidance throughout the process.

Are Traffic Attorneys Worth the Cost?

Many drivers hesitate to hire a traffic Attorney because they focus only on the immediate expense of legal representation. While that concern is understandable, it is important to consider the potential costs associated with a conviction. Traffic violations can result in fines, license suspensions, increased insurance premiums, mandatory driving courses, and points added to a driving record. In some cases, those consequences can continue affecting a person for years after the case has been resolved.

A traffic conviction may also create indirect financial consequences. Commercial drivers, delivery drivers, rideshare drivers, and other professionals who rely on their driving privileges for employment may face additional challenges if points accumulate on their license. Even individuals who do not drive for a living may experience increased insurance costs or difficulties obtaining certain jobs that require a clean driving record.

For many people, the decision to hire an Attorney comes down to risk management. Rather than simply paying a citation and accepting the consequences, a Client may choose to have a legal professional evaluate the allegations, identify possible defenses, and explore alternatives that could help reduce the long-term impact of the charge.

An Attorney can review the evidence, explain the strengths and weaknesses of the case, communicate with the Court, and help the Client understand the potential consequences of various outcomes. In some situations, legal representation may help a person avoid penalties that ultimately cost far more than the investment in legal counsel. The goal of representation is to get your case dismissed, reduced or resolved in a way to minimize the Client’s exposure. 

At Leifert & Leifert, we offer free initial consultations and case reviews so individuals can better understand their options before making important decisions about their traffic cases. One of our lawyers can evaluate the circumstances, answer your questions, and help you determine the most effective path forward to get the best result possible for you.

Talk to a West Palm Beach Traffic Attorney Today

Traffic laws are complex, and the consequences for convicted offenders can have a huge impact. A knowledgeable West Palm Beach traffic Lawyer will know how the laws apply to the specific facts of your case and can provide advice and representation to bring about the best possible resolution in your case. Contact our office today to discuss your traffic ticket.