Vehicular Crime/Traffic Offense
Experienced Central Florida Vehicular Crime/Traffic Offense Defense Attorneys
Our firm represents people from all walks of life. From the single mother supporting her children to the high school/college student taking their first step to parental independence to the semi-truck driver with a class “A” driver’s license, we understand the importance of your driver’s license and the life altering changes that may occur as a result of a suspension.
If you are charged with a crime involving your motor vehicle or even a civil citation/traffic ticket, you may be facing a mandatory suspension of your driver’s license. If you have been pulled over for any of these offenses, contact an attorney as soon as you can.
Many people believe that driving with a suspended license is no big deal. They wrongfully assume that they can talk their way out of punishment, or walk away with a warning. In reality, however, driving with a suspended or revoked license is a serious offense with major consequences. Before taking a plea to the following offenses, Contact the Firm of Jaeger & Blankner.
Fleeing and Attempting to Elude a Law Enforcement Officer
The criminal charge of fleeing and eluding is a serious criminal offense with serious penalties under Florida law. Unlike other felony offenses, the court is not allowed to withhold adjudication if you enter a plea for the offense of fleeing and attempting to elude. It is critical to understand that if you enter a plea of guilt or are found guilty by a jury at trial, you will be a convicted felon and loss your civil rights. Additionally, the police may be able to criminally forfeit your vehicle unless you act quickly.
There are several versions of Fleeing and Attempting to Elude a Law Enforcement Officer (FATE) under Florida law. To prove its case, the prosecutor must show that you were:
· Operating a motor vehicle
· Knew that you have been ordered to stop the vehicle by law enforcement and
· You willfully refused or failed to stop your vehicle in compliance with such order
Fleeing and Attempting to Elude a Law Enforcement Officer is a third degree felony punishable by a maximum of a $5,000 fine and five years in Florida State Prison.
Aggravated Fleeing and Attempting to Elude
The charge of Fleeing and Attempting to Elude an Officer may be enhanced to a second-degree felony punishable by a maximum of $15,000 and fifteen years in Florida State Prison if the prosecutor is able to prove:
· Operating a motor vehicle at a high rate of speed or with a wanton disregard for the safety of persons or property and
· Knew that you have been ordered to stop the vehicle by law enforcement who had his/her emergency lights activated and
· You willfully refused or failed to stop your vehicle in compliance with such order
The charge for racing carries with it severe sanctions including a suspension of your driver’s license for a year ON THE FIRST OFFENSE and two years for a subsequent offense. Racing on a highway/roadway is a first-degree misdemeanor punishable by a maximum of a $1000 fine and a year in jail. Similar to a fleeing and attempting to elude, the court is not allowed to accept a withhold of adjudication and must therefore adjudicate you guilty if you enter a plea or are found guilty by a jury at trial.
Fortunately, there has been a recent turn of events when it comes to this charge. In 2007, the statute was found to be unconstitutionally vague by the Fourth District Court of Appeal. However, this ruling does not prevent law enforcement from arresting motorists for this crime. Law enforcement will continue to arrest suspected “street racers” of this offense. Recently, the First District Court of Appeal ruled the statute was constitutional and now the Courts and Legislature are waiting for a case to reach the Florida Supreme Court. Until the case has been ultimately decided, this defense may be brought up in the form of a motion to dismiss. In addition, there may be other defenses depending on what the officer observed as well as the length of time you were detained for an investigation, which may be argued during a motion to suppress.
The charge of reckless driving is a second-degree misdemeanor punishable up to sixty days in jail and a five hundred dollar fine. A second or subsequent offense upgrades the offense to a first-degree misdemeanor punishable up to a year in jail and a thousand dollar fine. In order to prove the charge of reckless driving, the prosecutor must show that you were:
· Operating a motor vehicle on the roadway or highway and drove with a willful or wanton disregard for the safety of persons or property.
Generally, reckless driving offenses are associated with a wide variety of driving patterns. The most common driving patterns may include a combination of speeding, weaving/drifting through traffic, spinning of tires, driving in opposing lanes of travel, driving on shoulder/grass, etc. Although reckless driving is a criminal charge, DHSMV will also assess 4 points if you are convicted of the offense.
If you have received a ticket/citation and fail to pay within the required thirty days, the DHSMV may suspend your driver’s license indefinitely. In addition, if you receive a set amount of points within a certain time period, the DHSMV will suspend your driver’s license. For example:
· When a licensee accumulates 12 points within a 12-month period, shall not be more than 30 day suspension
· When a licensee accumulates 18 points within an 18-month period, shall not be more than 3 months.
· When a licensee accumulates 24 points within a 36-month period, shall not be more than year.
To be sure how many points have been previously assessed to your driver’s license; contact the DHSMV to obtain a copy of your driver’s license.
Careless Driving:
Speeding:
Speeding also caries heavy fines and in some circumstances may carry a mandatory court appearance. If you were driving:
Failure to Move Over: $116 fine and 3 points
Running Red Light: $211 fine and 3 points
Improper Lane Change: $211 fine and 3 points
At the law firm of Jaeger & Blankner, we are ALL Former Prosecutors with more than 90 years of combined experience. Both Joerg F. Jaeger and F. Wesley "Buck" Blankner are Board Certified Criminal Trial Specialists. Our years of experience have earned us a listing in the Martindale-Hubbell Bar Register of Preeminent lawyers, as well as an AV® Peer Review Rating.
We exclusively handle criminal cases only and have handled thousands of Vehicle Crime and Traffic Offense cases just like yours. We offer a free initial consultation to discuss what can be done in you or your loved one's case. In addition, we offer flexible payment plans and will work with you and your financial abilities. To better understand the philosophy of the firm and learn how we will aggressively fight for you and your case visit our Firm Overview page. Let us put our experience to work for you. Contact the firm of Jaeger & Blankner now. Se habla Español.
