Traffic violations in Florida can range from moving violations with little penalties to misdemeanors and felonies that incur jail or prison time and fines. Sometimes if a simple moving violation goes unpaid or addressed, it could result in a warrant for your arrest.
With this being the case, it is important to cover all your bases and ensure a smooth process by working with a criminal defense attorney who can effectively represent you in court while making certain every step is taken in the correct fashion.
Tallahassee Traffic Violation Attorney
If you have been charged with a serious traffic violation in Leon County or the surrounding areas of Florida's Second Judicial Circuit including Wakulla County, Gadsden County, Liberty County, or Jefferson County or the cities of Crawfordville, Quincy, Bristol or Monticello, Florida, then contact an experienced attorney at the Law Offices of Don Pumphrey, Jr.
With a great deal of experience in this area of criminal law, Don and the rest of the legal team can draw on their previous case work to develop the best defense strategy for your particualar situation. Call our lawyers at (850) 681-7777 to find out what you need to do today to protect yourself against a criminal prosecution and to keep your driving privileges.
Florida Traffic Violations Information Center
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Common Traffic Violations
Some of the most common traffic violations can result in fines or even prison time. All of the following offense come with serious ramification if convicted. Understanding what the laws are regarding these traffic infraction will allow you to approach the criminal process in the most efficient and studied manner possible.
Reckless Driving, according to Florida Statutes § 316.192 , is when a person drives without care for the safety of other drivers, or drives in complete disregard for the safety of others or property. Fleeing and eluding a police officer is per se reckless driving.
Another common offense in Florida is Driving While License Suspended. Florida Statutes § 322.34 states that anyone whose license has been suspended or revoked, and drives on Florida’s roads can be found guilty of a moving violation, misdemeanor or felony, depending on the reasons for the license suspension, the number of prior offenses, and the alleged offender’s knowledge of their suspended license.
For those who have had several traffic tickets, they can be issued Habitual Traffic Offender Revocations. Florida Statute § 322.264 defines a Habitual Traffic Offender as someone who has accumulated a certain number of criminal convictions or offenses within a five year period. A Habitual Traffic Offender can have their license permanently revoked or suspended for up to five years.
Vehicular Manslaughter is considered a traffic offense that comes with extreme sanctions if convicted. Florida Statutes § 782.07 says that vehicular manslaughter is caused by someone operating a motor vehicle negligently, and it results in the death of another person.
A Vehicular Homicide charge is a level above manslaughter due to the fact that the offending individual acted recklessly. To be specific, Florida Statutes § 782.071 states that vehicular homicide is the killing of another human by operating a motor vehicle in such a reckless way that is likely to cause bodily harm or death to another person.
Another traffic violation that occurs is Fleeing and Eluding. This criminal traffic offense is defined in Florida Statutes § 316.1935. It states that any person who has been order to stop by a law enforcement officer, and has knowledge that they have been ordered to stop, but does not stop, or someone who attempts to flee or does flee from an officer, can be found guilty of a felony of the third degree.
The final area of practice that Don Pumphrey focuses on is Leaving the Scene / Hit and Run. According to Florida Statute § 316.027, any person who is involved in a car accident that causes injury to another person must stop their vehicle and remain at the scene until they are permitted to leave. Anyone who does not do this, intentionally, commits a felony of the third degree. If someone causes death to another person from an automobile accident, and intentionally leaves the scene, they can be convicted of a felony of the first degree. Additionally, under Florida statutes § 316.061, if someone is involved in a car accident, and causes property damage or damage to another vehicle, and intentionally leaves the scene, they can be found guilty of a misdemeanor of the second degree.
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Florida Driving Point System
Florida has created a point system, where certain points are assigned to each traffic violation, depending on the seriousness of the offense. If someone accrues too many points from the system within a specific time period, they can have their license suspended. For example, if you pay your traffic violation ticket, then you will be assigned the following points for each violation:
- Toll violations – 3 points
- Speeding 15 miles or less over the speed limit – 3 points
- Parking on a highway – 3 points
- All other moving violations – 3 points
- Child restraint violations – 3 points
- Driver in possession of an open container – 3 points
- Speeding more than 15 miles over the speed limit – 4 points
- Passing a stopped school bus – 4 points
- Driving during restricted hours – 4 points
- Running a red light – 4 points
- Reckless driving – 4 points
- Crash caused by any other moving violation – 4 points
- Leaving the scene of a crash with more than $50 in property damage – 6 points
- Crash caused by a speeding violation – 6 points
If someone accumulates 12 points within one year, their license can be suspended for 30 days. If 18 points are accumulated within one year and a half, a license can be suspended for 90 days. And, if someone accrues 24 points within three years, their license can be suspended for one year.
In order to avoid points from a ticket for a moving violation, anyone can attend a traffic school. However, the election to attend traffic school can only be made once per year, and only five times within a ten year period. A person making this election will have to notify the clerk of court that they intend to attend traffic school for their moving violation citation. This option is not available to those with a commercial driver’s license.
If your license has been suspended due to too many violation points, you may be eligible to receive a hardship license if you complete a 12 hour Advance Driving Improvement course, pay the required fee for reinstatement, and any other additional fees.
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Traffic Violation Resources in Florida
Leon County Florida Department of Motor Vehicles - The DMV web site contains information about driver’s licenses, driving resources, vehicle registration, driving records and traffic education schools. It also includes resources on license plates, first time drivers, ID requirements and fighting a ticket. A local office is located at:
1210 SE Capital Circle
Tallahassee, Florida 32301
Ph.: (850) 488-4735
Florida Highway Patrol - The Florida Highway Patrol maintains law enforcement and traffic safety awareness and promotes safe driving throughout Florida. The site focuses on providing information concerning the roles and responsibilities of the patrol along with resources on driver licenses, vehicle tags and registration, office locations and relevant forms.
Neil Kirkman Building
2900 Apalachee Parkway
Tallahassee, Florida 32399
Ph.: (850) 617 - 2301
Tallahassee Police Department – The city of Tallahassee’s police department web site, which contains crime safety tips, records and information for residents and visitors of Tallahassee. It also in cluded resources on the various divisions within the department, along with a contact us section. The police department is located at:
234 East Seventh Avenue
Tallahassee, FL 32303
Ph.: (850) 891-4200
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The Law Offices of Don Pumphrey, Jr. | Tallahassee Traffic Offense Arrest Lawyer
If you have been charged with a traffic violation in Leon County, Tallahassee, contact Don Pumphrey, Jr., of the Law Offices of Don Pumphrey, Jr. to discuss the facts of your particular case to determine if there are defenses or mitigating circumstances to reduce your charges or have them dismissed. It is important to hire an experienced criminal defense attorney in Tallahassee to achieve the best possible outcome in your case.
Lawyer Don Pumphrey, Jr. has experience and knowledge representing those charged with traffic violations. Contact Don Pumphrey, Jr. at (850) 681-7777 or send an online message for a consultation about your traffic violation.