There are a lot of traffic laws on the books and you could receive a traffic citation for a whole host of reasons. A minor traffic offense could even lead to jail time and a revocation of your driving privileges.
If you or someone close to you has been charged with a traffic offense, a Dr. Phillips traffic lawyer could appear as your legal counsel and get your charges reduced or dismissed.
Police officers have an extreme amount of discretion regarding traffic violations. Law enforcement is known for selectively enforcing traffic laws and using automobile stops as a pretext to conduct personal and vehicle searches amidst shaky reasonable suspicion grounds.
Unfortunately, automobile searches and seizures are an exception to the Fourth Amendment warrant requirement. An increasing number of arrests also happen during vehicle stops, partly because of the Supreme Court case Atwater v. City of Lago, which allows officers to arrest a person for a minor traffic offense. People are more often charged with the following crimes in officer traffic stops.
Under Florida Code § 320.061, invalid license plates occur when a person changes the affixed license plate in any way—such as adding a sticker. Drivers are also punished for having a fake license plate or one from a different vehicle, make, and model. A conviction here can lead to up to two months in jail and a $500 fine.
Getting a speeding ticket may seem like it’s not a big deal since many motorists just submit payment before court and move on. However, a motorist gets three-point violations for speeding and it takes twelve points a year for the Florida Department of Motor Vehicle to suspend a driver’s license for 30 days. Depending on how many miles per hour a person drove over the speed limit, the fines will steadily increase.
Reckless driving, according to Fla. Stat. § 316.192, is the operation of a vehicle in any way appearing to willfully disregard how such actions could harm others or property. A driver swerving or mistakenly going a little over the white line in the median would be considered reckless driving. For this offense, a person could get up to 90 days behind bars and fines anywhere from $25 – $500.
Operating a vehicle with an invalid license—whether revoked or suspended—can lead to 60 days behind bars and a fee of up to $500. The cost of not adequately wearing a seatbelt is around $30, depending on the surrounding circumstances. Not having a child age five or under in a car seat is $60.
A Dr. Phillips traffic attorney could argue for a reduction or dismissal of traffic infractions a person is charged with.
Generally, in traffic law cases, it is a person’s word against the officers. A detail-oriented lawyer could comb through the officer’s statements and video footage to find law enforcement illegalities and misconduct.
One possible defense is that the officers did not have sufficient reasonable suspicion for the stop. Therefore, all evidence must be suppressed because it should not have occurred in the first place. This means that one mistake by the authorities could negate the entire ordeal.
A traffic lawyer could also get charges reduced by establishing that if an offense occurred in Dr. Phillips, it was a lesser included offense than the charged crime.
You can avoid points on your driving record, fines, and potential jail time by working with a defense lawyer. When you are ready, schedule a consultation with one of our Dr. Phillips traffic lawyers at The Umansky Criminal Defense & Injury Law Firm.
The Umansky Law Firm Criminal Defense & Injury Attorneys