Melbourne Lawyer for Traffic Violations in Brevard County, Florida

Traffic violations in Florida can range from inexpensive tickets to criminal misdemeanors and major felonies with penalties that may include hefty fines, license suspension, or even jail time.

Melbourne Lawyer for Traffic Violations

While it can be tempting to simply accept the penalties for traffic crimes when they are relatively small, the truth is that failing to fight these charges can result in serious difficulties down the road, including increased financial strain and even license revocation.

If you have been charged with a traffic violation, you need to contact an experienced criminal defense attorney and DUI defense attorney in Melbourne.

Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County, including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee, and Poinciana.

Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form.

Specific Traffic Violations
What Are Potential Consequences?
How Can a Person Fight a Traffic Ticket or Criminal Charge?
Process for Serious Traffic Violations in Florida
Points and License Suspension
Can a Traffic Ticket Attorney Defend Me?
Additional Resources
Hire a Lawyer for Traffic Violations in Brevard County FL

Specific Traffic Violations

Speeding – Florida Statutes Section 316.183 -Unlawful speeding is when a person drives faster than is safe for the road conditions or exceeds posted speed limits. This is considered a noncriminal traffic infraction and is classified as a moving violation. Penalties for speeding depend on how much the driver exceeds the speed limit, with fines ranging from $25 for speeding by 6-9 mph to $250 for exceeding the limit by 30 mph or more. In special zones like school or construction zones, fines are higher.
Reckless Driving – Florida Statutes Section 316.192 – bReckless driving is when someone drives a vehicle carelessly, ignoring the safety of others or property. This is a misdemeanor offense. If reckless driving results in injury or property damage, the offense can escalate to a first-degree misdemeanor or even a third-degree felony if serious injury occurs.
Driving While License Suspended, Revoked, or Canceled – Florida Statutes Section 322.34 – This offense occurs when a person drives a vehicle after their driver’s license has been suspended, revoked, or canceled, and they are aware of this status. The classification of the offense varies: it can be a second-degree misdemeanor for a first-time offense, escalating to a first-degree misdemeanor or a third-degree felony for repeat offenses, especially if linked to more severe violations like DUI or causing serious injury. Penalties can include vehicle impoundment.
Leaving the Scene of an Accident Involving Injury or Death – Florida Statutes Section 316.027 – This offense occurs when a driver involved in an accident that causes injury or death fails to stop and remain at the scene. If the accident results in injury, it’s considered a third-degree felony. If the accident causes serious injury, it is a second-degree felony. If the accident results in death, it’s a first-degree felony, punishable by a mandatory minimum of four years in prison. Additionally, the driver’s license will be revoked for at least three years, and the driver may be required to pay restitution and complete a victim’s impact panel or driver improvement course.
Habitual Traffic Offender – Florida Statutes Section 322.264 – A habitual traffic offender is someone who repeatedly breaks serious traffic laws over five years. This includes being convicted three or more times for offenses like causing a death while driving, driving under the influence, using a car to commit a felony, driving with a suspended or revoked license, not stopping to help after a crash with injuries or death, or driving a commercial vehicle while disqualified. It can also mean having 15 or more moving traffic violations that result in points on their license. This classification can result in an individual losing their driver’s license.
Fleeing or Attempting to Elude a Law Enforcement Officer – Florida Statutes Section 316.1935 – This offense occurs when a driver knows they are being told to stop by a police officer but chooses to either not stop or tries to escape after stopping. It is a felony, and the severity of the punishment depends on how the driver behaves during the incident. It’s a third-degree felony for simply trying to escape. However, it’s a first-degree felony if someone is hurt or killed during the attempt. Additionally, the driver’s license will be revoked for 1 to 5 years, and the vehicle used may be seized by law enforcement.
Driving Without a Valid License – Florida Statutes Section 322.03 – Driving without a valid license in Florida means a person is operating a vehicle on public roads without having the required driver’s license issued by the state. A first-time offense is a second-degree misdemeanor, while a second offense is a first-degree misdemeanor. If someone is caught a third time or more, it remains a first-degree misdemeanor, but the person must also serve at least 10 days in jail.
Driving a Commercial Vehicle Without a Valid CDL – Florida Statutes Section 322.61 – This offense occurs when a person drives a commercial vehicle without having a valid Commercial Driver License (CDL) or the proper class of CDL required for the vehicle. The penalty for this offense, if it happens twice within a three-year period, is disqualification from operating a commercial vehicle for 60 days.
Racing on Highways, Street Takeovers, and Stunt Driving – Florida Statutes Section 316.191 – This offense occurs when a person drives a vehicle to race, perform stunts, or take over a road or parking lot, including actions like burnouts, doughnuts, or drifting. The offense is classified as a first-degree misdemeanor. Punishment also includes a one-year driver’s license revocation. Repeat violations within a year can escalate to a third-degree felony, with longer license suspensions. Spectators at these events face a $400 noncriminal traffic fine.
Damaging an Unattended Vehicle or Other Property – Florida Statutes Section 316.061 – This offense occurs when a driver involved in an accident causing damage to another vehicle or property fails to stop and remain at the scene. The driver must also avoid blocking traffic more than needed and move the vehicle if it’s causing an obstruction. Failing to stop is a second-degree misdemeanor. If the driver fails to move the vehicle when necessary, they can be cited for a nonmoving violation.

What Are Potential Consequences?

Fines: Under Florida Statutes Section 318.14, the court may impose fines as a penalty for traffic violations instead of or in addition to incarceration. The amount of the fine varies depending on the severity of the offense.
Probation: Under Florida Statutes Section 948.01, probation is a common alternative to incarceration for individuals convicted of serious violations. The court may impose probation with conditions that the offender must follow, such as reporting to a probation officer, paying fines, attending traffic school, or performing community service. Probation allows the individual to remain in the community while being monitored to help ensure compliance with the law.
Basic Driver Improvement Course | Driver Improvement School: Florida Statutes Section 318.14(9) allows offenders to attend a driver improvement course. The Basic Driver Improvement (BDI) Course in Florida allows drivers who receive a traffic citation to potentially reduce their citation fees and avoid having points added to their driving record. However, there are restrictions, such as being ineligible for driving 30 mph or more over the speed limit.
Drug or Alcohol Treatment Programs: Individuals convicted of offenses involving substance abuse may be ordered to complete a drug or alcohol treatment program. Participation in a program can serve as an alternative to incarceration, focusing on rehabilitation rather than punishment.

How Can a Person Fight a Traffic Ticket or Criminal Charge?

Necessity: The driver might claim they had to commit the traffic violation to avoid a greater harm, such as swerving to avoid an accident or speeding to get a seriously injured person to the hospital.
Lack of Notice of Violation: If the traffic sign or signal was obscured, missing, or not in compliance with local laws, the driver might argue they were not given proper notice of the traffic regulation.
Officer’s Error or Misconduct: The defense could argue that the officer who issued the citation made an error in judgment, lacked proper training, or engaged in misconduct, such as profiling or falsifying evidence.
Legal Justification: The defense might argue that the action taken was legally justified under the circumstances, such as following the instructions of a law enforcement officer or complying with another law that conflicted with the traffic regulation.
Unclear or Ambiguous Traffic Laws: The defense could argue that the traffic law in question is vague, confusing, or subject to multiple interpretations, making it unfair to penalize the driver.
Medical Condition: The defense could argue that a medical condition caused the driver to act in a way that resulted in the violation, such as a sudden medical emergency leading to erratic driving.
Improper Calibration of Equipment: If the traffic violation was based on speed detected by radar or laser devices, the defense could argue that the equipment was not properly calibrated or maintained, which resulted in inaccurate readings.
Violation of Constitutional Rights: The defense may claim that the traffic stop or citation violated the driver’s constitutional rights, such as an unlawful search or seizure.

Process for Serious Traffic Violations in Florida

Traffic Stop

The process typically begins with a traffic stop, initiated by a law enforcement officer who has reasonable suspicion that a traffic violation has occurred. Common reasons for traffic stops include speeding, running a red light, or erratic driving. During the stop, the officer may request the driver’s license, vehicle registration, and proof of insurance. The officer will also observe the driver’s behavior, looking for signs of impairment or other criminal activity.

Classification of the Violation

Most traffic violations in Florida are classified as civil infractions, such as speeding or running a stop sign. These do not carry the risk of jail time but may result in fines, points on a driver’s license, or the requirement to attend traffic school. More serious violations, such as DUI, reckless driving, or leaving the scene of an accident, are classified as criminal offenses. These can result in criminal charges, which may lead to arrest, court appearances, and potentially, jail time.

Arrest (If Applicable)

If the violation is a criminal traffic offense, such as DUI, the officer may arrest the individual on the spot. The officer will read the individual their Miranda rights and transport them to the local jail for booking. During booking, the individual’s fingerprints, photograph, and personal information are recorded. The individual may be held in jail until they can post bail or be released on their own recognizance.

First Appearance and Arraignment

If arrested, the individual will have their first appearance before a judge within 24 hours. The judge will inform them of the charges, review the conditions of their release, and may set bail. At the arraignment, the defendant is formally charged and given the opportunity to enter a plea of guilty, not guilty, or no contest. If the defendant pleads not guilty, the case proceeds to the pre-trial phase.

Pre-Trial Process

During the pre-trial process, both the prosecution and defense gather evidence. This can include police reports, witness statements, and any physical evidence related to the traffic violation. The prosecution may offer a plea bargain, where the defendant pleads guilty or no contest to a lesser charge in exchange for a reduced sentence. The defendant can choose to accept or proceed to trial.

Trial

If the case goes to trial, it may be heard by a judge or a jury, depending on the nature of the offense and the defendant’s preference. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. If the defendant is found guilty, the judge will impose a sentence. Sentences for traffic violations can include fines, license suspension, community service, probation, or even jail time, depending on the severity of the offense.

Post-Trial

If convicted, the defendant has the right to appeal the decision to a higher court if there are grounds to believe there was a legal error during the trial. Once the sentence is completed, the defendant may need to comply with additional conditions, such as paying fines, attending traffic school, or fulfilling probation requirements.

Points and License Suspension

In Florida, the Department of Highway Safety and Motor Vehicles (FLHSMV) uses a point system to track traffic violations. When a driver commits a traffic offense, points are added to their driving record. Points remain on a driver’s record for at least five years from the date of conviction. The severity and type of violation determine the number of points assigned.

If a driver accumulates 12 points within 12 months, their license will be suspended for 30 days. Accumulating 18 points within 18 months results in a three-month suspension, and 24 points within 36 months leads to a one-year suspension.

If a driver’s license is suspended because of accumulated points, they may apply for a hardship license, which allows driving only for employment or business purposes. Once the suspension period has ended, the driver can seek full reinstatement of their driving privileges. Some conditions to reinstatement might apply, such as completing a driver improvement course.

It’s important for drivers to monitor their driving record regularly, which can be done online through the FLHSMV’s Driver License Check system.

Can a Traffic Ticket Attorney Defend Me?

Clarifying the Charges Against You:

A lawyer can explain the specific traffic violation you’re charged with, whether it’s speeding, running a red light, driving without a license, or any other offense. Understanding the charge is crucial as it affects the potential penalties you could face, such as fines, points on your license, increased insurance rates, or even a driver’s license suspension.

Going Through the Legal Process:

The legal system can be complex, especially if you’re unfamiliar with court procedures. A traffic violation lawyer will guide you through each step of the process, from the initial court appearance to potential hearings. They’ll ensure you meet all deadlines, file necessary paperwork correctly, and represent you in court if needed.

Negotiating Penalties:

In many cases, a lawyer can negotiate on your behalf to reduce the severity of penalties. This might involve seeking a lower fine, reducing the points added to your driving record, or arranging for traffic school instead of harsher penalties. A traffic ticket lawyer’s experience and knowledge of the local court system can be invaluable in securing a more favorable outcome.

Protecting Your Driving Record:

One of the biggest concerns with a traffic violation is how it might impact your driving record and, consequently, your insurance rates. A traffic violation lawyer will work to minimize the impact on your record, which can save you from long-term financial consequences.

Providing Peace of Mind:

Having a knowledgeable lawyer on your side can provide peace of mind. Knowing that a professional is handling your case allows you to focus on your daily life while they work to resolve the legal issues. Your lawyer can also keep you informed of your case’s progress and what to expect next.

Importance of Local Knowledge and Experience

A key element in handling traffic violation cases is the local knowledge of traffic patterns and enforcement practices in specific areas. It is beneficial to have an attorney who is familiar with the local roads, intersections, and the common traffic issues that drivers face in the area where the ticket was issued. This familiarity allows the attorney to craft a defense strategy that considers local circumstances and enforcement tendencies.

After receiving a traffic ticket, it’s essential to explore your legal options rather than simply paying the fine. Legal representation can improve your chances of reducing or dismissing the speeding charges, protecting both your driving record and financial well-being.

Additional Resources

Traffic Citations – Traffic citations in Florida are issued for violations of traffic laws. These citations can be paid, contested, or addressed by attending a driver improvement course. The Florida Department of Highway Safety and Motor Vehicles provides details on how to handle these citations, including payment options, potential consequences, and links to related resources. It’s important to address citations right away to avoid escalating penalties.

Basic Driver Improvement (BDI) – The Basic Driver Improvement (BDI) course is an option for Florida drivers who want to avoid points on their license after receiving a traffic citation. This course can be taken voluntarily or may be required in certain situations, such as following a crash. Completing an approved BDI course prevents points from being added to the driver’s record.

Florida Statutes Section 318.14 – Florida Statutes Section 318.14 outlines the procedures and penalties for noncriminal traffic infractions in Florida. It covers the options available to individuals who receive a traffic citation, including paying the fine or contesting the citation in court. The law also specifies the consequences of failing to respond to a citation, such as additional fines and potential suspension of driving privileges.

Traffic Court in Brevard County, Florida – Brevard County’s Traffic Court handles civil traffic infractions, criminal traffic offenses, and parking violations. Drivers can resolve citations by paying the fine, attending a defensive driving course, or contesting the citation in court.

Hire a Lawyer for Traffic Violations in Brevard County FL

Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form.

Traffic Violations