Traffic Tickets Archives

by rhinoadminDecember 27, 2023 Traffic Tickets0 comments

1. Do You Focus on DUI Cases?

When it comes to legal representation for your DUI case, not all lawyers are created equal. You need a team that specifically focuses on criminal and non-criminal traffic offenses. In addition, they should have worked for a long period of time in your local area.

While everyone has to start somewhere, you don’t want a brand-new lawyer helping you through your serious DUI offense. You also don’t want to work with someone who is unfamiliar with the way your state laws work or hasn’t interfaced with local prosecutors and judges.

Even if you find a team that seems to check all of the right boxes, they might not have the experience or qualifications required to help you. For instance, a family lawyer or a business lawyer might be highly certified in their respective focus areas, but unless they also work on DUI cases, they aren’t the right partner for you.

At RHINO Lawyers, criminal defense is one of our top specialties. In addition to DUIs, we also help our clients handle a range of other traffic-related criminal offenses, from driving while license suspended (DWLS) and reckless driving to drug possession, drag racing, and unlawful tag charges.

2. What Is Your Most Common DUI Case Outcome?

It’s helpful to ask a potential DUI attorney to explain how many of their cases go to a DUI jury trial. You can also inquire about how often their clients plead guilty. However, it can be even more enlightening to ask how many of their charges are dropped altogether.

A reputable attorney should be able to clearly state the number of dropped cases they’ve handled. While you don’t necessarily have to hire a lawyer with a perfect record, this can be a great indicator of the team’s tenacity and drive.

That said, be wary of any attorney who claims they’ve helped all of their clients avoid legal consequences. In most cases, this is an unrealistic claim and could be a red flag. When it comes to defending a DUI case, there are never any lock-tight guarantees, and a team that promises you the moon is one to avoid.

Instead, you simply need a lawyer who will work as hard as they can to help you achieve the best possible outcome. Ask them what they can do for your case and the different services they will provide.

3. How Will We Work Together?

Establishing a solid DUI defense requires clear and constant communication. From the very beginning, you need to understand how you will reach your lawyer and the ways they can contact you. You should be confident that they’ll be easy to locate and willing to answer questions any time they arise.

Some attorneys prefer email while others work mostly in phone calls. Be sure to write down their office hours and the steps to take if you need to initiate after-hours contact. It’s also helpful to ask if the person you speak to during your initial consultation will be the one handling the case.

4. What Is Your Typical Approach?

The second-best outcome to getting your DUI charges dropped altogether is taking your case to trial. In court, you can work through the details of the offense. In the light of enough evidence, prosecutors will often reduce the charges you face.

Knowing this, ask each DUI attorney to explain how they’ll help build your case. The most common strategy is to build reasonable doubt around your arrest. They can achieve this in a number of different ways, including:

Analyzing the accuracy of the breathalyzer results
Analyzing the reliability of the breathalyzer test
Claiming that the breathalyzer test was performed illegally
Analyzing the police officer’s testimony
Analyzing the police officer’s breathalyzer training

In addition to the above, there are several tactics that can help create doubt around your case. For instance, it can be suspicious if the testing officer isn’t there to testify, or if the sobriety tests weren’t properly maintained. A qualified lawyer will find all of the holes in your case and bring them to light.

5. What Are the Associated Costs?

Finally, it’s important to understand what each attorney will charge to provide their services, as well as the types of payments they accept. Most of the time, criminal defense lawyers will charge a flat fee or a per-hour fee, and some may offer payment plans.

Check to see if the one you’re considering will offer a free initial consultation to review your case and determine if and how they can help. In addition to the standard fee, ask if there are any additional charges you should expect before you start working together.

From retesting your blood sample to hiring expert witnesses, your case might require extra services that cost above and beyond the baseline charges.

Do You Need a Florida DUI Attorney?

If you’re facing DUI charges, we understand this is a challenging and difficult time. You need and deserve an experienced, qualified, and reliable Florida DUI attorney on your side.

Our team at RHINO Lawyers is here to help. We focus on criminal defense law and have handled DUI cases like yours before. We know what it takes to achieve a favorable outcome, and we’ll do our best to defend your rights at every turn.

As you prepare to take these next steps, contact us today. We offer a free instant case evaluation online and are also available for video consultations and online chats.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.

Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.

by rhinoadminDecember 20, 2023 Traffic Tickets0 comments

DUIs And Commercial Drivers In Florida

DUI or driving under the influence has serious consequences. In 2021, driving drunk caused 31% of all fatal crashes in the United States.

Unfortunately, this is a common problem. About 20% of drivers in the United States admitted to driving drunk at least once.

For people who drive personal vehicles, this could simply mean some fines and a temporary driver’s license suspension. However, being a commercial driver is a different ballgame.

What does the Florida DUI statute say about DUI charges for a commercial driver? This guide explains the most important things you need to know.

Blood Alcohol Concentration

The first thing you need to be aware of as a commercial driver is that there are different rules when it comes to blood alcohol concentration (BAC).

Typically, someone has to have a BAC of at least .08 before they face an arrest and other additional penalties. However, commercial drivers only have to have a BAC of .04 before they may face penalties.

This is because commercial drivers are typically driving larger vehicles. As a result, these vehicles can be more fatal to the other cars around them if a driver is under the influence.

You also have to be aware that this can be tested in a variety of ways. Police officers can test your breath, your urine, or your blood.

If you have a Florida CDL, you must be aware of the BAC requirements for your specific circumstances.

Refusing a Test

Another thing that you should know is that there are penalties if you refuse a BAC test. This is because police officers may automatically suspect that you are driving under the influence and that you are trying to hide it.

Some may argue that there is no proof that they were doing this if they refused. However, there is an unwritten agreement that you comply with these tests if you are driving on Florida roads. If you refuse to do this, you will be treated as if you were driving under the influence.

The point is that it is best not to change this. Be aware of this law in Florida and be prepared to submit to a BAC test if the time comes.

Driving a Personal Vehicle

Note that rules for commercial drivers do not just apply when you are driving a commercial vehicle. You are expected to obey driving laws when you are driving a personal vehicle as well.

The only good thing with this is that when it comes to a personal vehicle, the BAC laws are not as strict. Unlike commercial vehicles, where you can face penalties with a .04 BAC, you have to have a .08 BAC to face similar penalties while driving a personal vehicle.

This does not mean that you should get reckless with alcohol consumption before you get behind the wheel. However, Florida statutes give you a little more room for error if you are driving a regular car.

Do note that if you do get arrested for a DUI while driving a personal vehicle, it can impact your Florida CDL.

Penalties

Now that you are aware of some of the different things that can land you in hot water, we have to talk about what type of penalties you face for these actions.

For all three of the things mentioned above, you face losing your CDL for at least one year. However, depending on the circumstances of your arrest, this can be even longer.

What can extend this penalty? Factors such as if this is your first offense, how much your BAC was over the legal limit if you had minors in the car, and if there were any injuries during this incident.

Then, you have to consider traditional penalties, according to the Florida Statutes.

For starters, you could be fined up to $1,000 for a first conviction and up to $2,000 for a second conviction. You are also likely looking at around 50 hours of community service or $5,000 in fines if you do not live close enough to the area.

You also risk going to jail. For a first offense, this can be up to six months. This increases to nine months on a second offense.

For personal vehicles, you may even need to have an ignition interlock device installed at your own expense. However, this typically only happens on repeat offenses. When you are subject to this, it can remain on your car for at least one year.

You also need to think about what happens when you try to operate a commercial vehicle when you have been ordered not to. No matter how long the order is, you risk permanently losing your CDL if you get caught driving while your license is supposed to be suspended.

Loss of Job and Income

Finally, you need to think about what happens to your financial stability when something like this happens. Even if your license is only suspended for one year, that still might mean you lose your job with your current company.

While you may be able to get unemployment benefits during this time, it likely will not match what you were making with your commercial driving job.

You would have the difficult task of finding something to replace that income. Then, you could have a hard time finding another commercial driving job with a DUI permanently on your driving record. This may make some companies hesitant to hire you based on that background.

Be Aware of the Florida DUI Statute

The Florida DUI statute has more legal requirements for commercial drivers compared to regular drivers. This is because of how fatal their vehicles can be and the fact that they drive these vehicles professionally.

If you are a commercial driver who is facing DUI charges, you need to act sooner rather than later. That is where RHINO Lawyers come in.

We are premier attorneys who use modern technology and data to get you the best case results possible. Plus, we treat others the way we want to be treated.

Do you want a free case review? Message us here today.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminDecember 13, 2023 Traffic Tickets0 comments

What You Need To Know About Florida’s Toll Law

Toll roads in Florida stretch over 719 miles. Many Florida drivers have a love/hate relationship with these pay-to-drive highways. Driving a toll road gets you to your destination much faster.

However, driving on a toll road means you have to pay the fee assessed at each toll point. While it’s tempting to skip the payment, this can get you in trouble. Paying your tolls is just one of the many Florida toll laws you need to know about.

Florida Toll Statutes

As with many other rules of the road, Florida has laws about toll roads. Under Florida Statute 316.1001, drivers in Florida are legally required to pay their tolls. Failure to pay a toll debt could result in several penalties.

Measure (SB 6-A)

A new toll law benefits Florida commuters. Measure (SB 6-A) aims to increase toll revenues by making the roads more affordable for daily commuters. The program will last for a year and is budgeted to spend $500 million.

Florida drivers need to have a Sunpass registered to their vehicle to participate. There is no need to sign up for the program, as it automatically started tracking toll road trips on January 1st, 2023.

Drivers who make 35 or more trips on a toll road in a month will receive a 50% rebate.

Toll Speed Limits

It is illegal to speed through a tolling station. Doing so can result in a speeding ticket. However, the speed limit will vary based on the type of tolling point you drive through and the highway you are on.

There are traditional toll points that have booths and SunPass Only lanes. These points have a speed limit of 25 miles per hour. You don’t have to stop when going through the SunPass Only lane, but you do need to slow down.

There are open road tolling points. These do not require anyone to stop. The speed limit through them is the same as the surrounding road.

Look out for signs before the toll point. Some have notices that will double speeding fines in toll point zones.

Paying Florida Tolls

Florida law requires you to pay your toll fee when you go through the toll point. This could be with your pre-loaded SunPass or E-Pass. It could also be with change at a booth.

You have two options if you drive through a traditional booth-style toll point. You can drive through the dedicated SunPass Only lane if you have a pre-loaded SunPass Only. If not, you will need exact change for an unmanned booth or get change from a manned booth.

The toll system is converting to a cashless system. For these toll points, there is a toll-by-plate system. A camera over each lane records the license plate of each vehicle.

If you have a SunPass, it will register and deduct your toll fee from your account. Vehicles without a SunPass get their license plate recorded for toll-by-plate.

You will then receive a notice in the mail within 14 days of incurring your toll fee. You can pay for your toll by following the directions in the notice. Typically, paying this way increases toll fees and adds an additional $2.50 administrative fee.

Failure to Pay Penalties

You will receive two mailed notices about your toll fees. After this, it could get turned over to a collections agency. They will assign more fees and pursue you for the debt.

Do not ignore your toll fee notice. Failing to pay your tolls is a noncriminal traffic violation. This means it follows the penalties listed in Chapter 318.

This could include a $100 civil penalty and court costs. A registration block can also get placed on your vehicle, preventing you from registering your vehicle until you pay your toll fees. Do not ignore your traffic citation fees; you could face even harsher penalties.

Speaking with a traffic attorney can help you avoid compounding penalties and fees if you find yourself facing a toll traffic ticket. Because it is a traffic violation, you could get points on your license.

Florida Managed Lanes Violation

Managed lanes have special uses with the goal of increasing traffic flow. When on a toll road, they are only available for use by drivers with an active SunPass or compatible transponder.

If you drive in these lanes without one, you will pay fines. The penalty is an additional $25 charge on top of the toll amount and administrative fee. You will pay $25 every day you drive in the managed lane without a valid SunPass.

Someone Else Was Driving

If someone else drives your vehicle and receives a toll notice, you are not responsible for their toll fees. You have 14 days from receiving the notice to respond.

Your first option is to provide the driver’s information. This should include:

First and last name
Address
Date of Birth
Driver’s license number if known

Your second option is to provide a police report indicating the vehicle was stolen when it incurred the tolls.

Take caution when submitting your response affidavit. Your response will be a part of the legal record. Submitting a false affidavit could result in a second-degree misdemeanor charge.

Toll Road Etiquette

Driving on toll roads is similar to any other highway in Florida. You should follow similar highway etiquette rules.

Drive in the right lanes and pass in the left lanes. If a faster vehicle overtakes you, move right and let them pass. Watch out for vehicles entering and exiting the highway.

If approaching a toll point with booths, choose your lane early and stick with it. Do not make sudden or last-minute changes. When leaving the toll point, watch out for other vehicles merging down into the highway lanes.

Drive the Toll Roads in Florida

Whether you drive on the Florida Turnpike or one of the many toll roads in Florida, always pay your toll fee. Trying to avoid it will only result in more significant fines and penalties.

If you have a toll road ticket or another moving violation, RHINO Lawyers can help. Our team of attorneys helps clients fight their Florida tickets.

Schedule a consultation and let our team fight to clear your toll road ticket.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminDecember 6, 2023 Traffic Tickets0 comments

Penalties for Driving an Unregistered Vehicle in Tampa

Are you thinking about driving an unregistered vehicle in the Sunshine State? It might come as a surprise to discover that this violation is considered a criminal offense in Florida!

If law enforcement officials catch you driving a vehicle without the proper registration, you could face a second-degree misdemeanor charge. The good news? As long as you’re up to speed on all of the state’s road laws, you can take the proper steps to register your vehicle and avoid this issue.

Today, we’re taking a look at the rules you need to know. And, how a strong legal team can help your case if you’re currently facing these penalties.

Penalties for Driving an Unregistered Vehicle in Florida

If you’re found to be driving a vehicle with no valid registration, you could face a second-degree misdemeanor charge, punishable by up to 60 days in jail and a $500 fine. Under some circumstances, the police could even charge you with a Notice to Appear and arrest you for the violation.

This mandate is in place due to Florida Statute 320.02, which states that every person who owns or is in charge of a motor vehicle driven or operated on the roads must register the vehicle in the state of Florida.

This language can get a little tricky, but the definition of “motor vehicle” is anything that has wheels and a motor. This can include a variety of different vehicles, including:

Automobiles
Motorcycles
Trucks
Trailers
Semi-trucks and semi-trailers
Recreational vehicles that have a separate motor power or are mounted on a vehicle

While these charges are difficult enough, it’s also important to note that under the law, misdemeanor offenses cannot be sealed or expunged. This means that the charge will remain on your record for 10 years. Most of the time, police only realize that a driver is operating an unregistered vehicle when they pull them over for another reason, such as:

Speeding
Driving under the influence (DUI)
Reckless or distracted driving
Running a red light
Running a stop sign
Making an unsafe lane change

If they ask for your license and registration and you cannot provide the latter, they could give you not one but two traffic tickets.

Records Check

Even if a driver tries to explain the absence by saying the registration documents are at home. They will still get caught. Police officers perform a routine records check every time they pull someone over. This check allows them to see if there are any warrants out for the driver’s arrest or if the vehicle is stolen.

The check will also alert them if the car is unregistered. Before issuing a charge, they will usually consider a few other factors. Including your level of cooperation and any prior arrests or open warrants you have faced.

Expired vs. No Registration

The driving penalties for operating an unregistered vehicle are different from those you could face if your vehicle is registered but the documents have expired.

If the police catch you driving with an expired tag or registration, the most likely penalty is a ticket, especially if this is your first offense. In most cases, this offense will be considered a non-criminal, minor traffic violation. You may need to pay a fine, but it won’t usually be higher than $100.

However, if you’re caught driving with an expired registration for the second time or your registration expired more than six months ago, the penalty will escalate to a second-degree criminal misdemeanor charge. Florida Statute 320.07 states that if a vehicle’s tag has expired for more than six months, and this is your second or subsequent offense. You could face a criminal charge punishable by up to 60 days in jail.

If you’re facing this charge or you’ve been caught driving a vehicle that isn’t registered at all, the offense will typically lead to a court date. Once you’re in court, you’ll need to prepare your defense and decide if you will plead guilty or not guilty.

What About a New Car?

One of the questions we’re frequently asked is, “Could I face a penalty for driving a brand-new vehicle without a registration?” If you’re just leaving the dealership with a new set of keys, yes, you can drive your vehicle home.

However, don’t leave the car lot without making sure that the dealer has issued you a temporary license plate. This plate will be made out of paper, but it will help protect you until your metal license plate and vehicle title are in place.

If you purchased your vehicle from a dealership, they are responsible for helping you obtain your plate and title. If you bought it from a private party, that next step will be on you. The car’s plates will stay with the seller, and you’ll need to visit a local vehicle service center to register the car in your name.

These centers are operated by the Florida Department of Highway Safety and Motor Vehicles. You can go here to search for a location near you.

Timeline Restrictions to Know

While a paper license plate can serve as a stand-in for an official license plate and registration. You can’t use it indefinitely. Under Florida law, you can only drive your new car with this temporary tag for up to 30 days. When that time is up, you must have a metal license plate. As well as, a vehicle title in place to avoid a criminal charge.

If the deadline is coming up and you still haven’t received the necessary items. It’s best to arrange different transportation in the interim. Dealerships are prohibited from issuing more than one temporary tag. Plus, they cannot extend the 30-day time period under any circumstance.

Need a Legal Defense for Your Unregistered Vehicle Charge?

If you’ve been caught driving an unregistered vehicle, you might be facing some pretty intimidating charges. Before you move forward, it’s best to hire a criminal defense lawyer to support your case.

Our team at RHINO Lawyers can help you defend your rights, avoid maximum penalties, and get back on the road in confidence. We can also represent you in court. To learn more about our approach and the services we can provide, contact us to schedule a free consultation!

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminNovember 29, 2023 Traffic Tickets0 comments

Penalties for Driving With an Expired License in Tampa

Did you know that with 15.7 million licensed drivers, Florida is third in the US, behind California and Texas in the number of licensed drivers?

However, driving with an expired license in Florida, including Tampa, is a severe offense that can result in many consequences.

Every driver needs to know what happens if they let their license expire and the legal consequences if they drive with an expired license in Florida. Below, we’ll discuss the various penalties for license problems, mainly when your license expires, while shedding light on the laws in Florida that govern this matter.

Expired License in Florida: Why Does It Happen?

Before we carry on with the penalties, it’s crucial to understand why some people might find themselves driving with an expired or no valid driver’s license.

Life gets busy, and sometimes, we overlook the renewal of our Tampa driver’s license. Common reasons include the following:

Simple forgetfulness
Financial constraints
Simply lack of awareness about the expiration date

Regardless of the reason, driving with an expired license can have significant repercussions.

The Different Penalties for an Expired License

So, what happens if you’re caught driving in Florida with an expired license? Let’s break down the potential penalties and consequences that you may face:

Traffic Citations and Fines

If you get pulled over in Tampa, and the police officer finds out your driver’s license has expired, you might get a traffic ticket. The amount of money you’ll have to pay in fines can change based on a few things.

How long has your license been expired: The longer the expiration, the bigger the fine
Your driving record
The reason you got pulled over

All of the above can affect the amount you have to pay in fines.

Financial Problems

Driving when you have an expired license can cost you a lot of money. On top of the fine, there are usually other fees you have to pay, like the following:

Court fees
Administrative costs

This can make the total bill even more significant.

Points on Your Driving Record

In addition to the immediate fines, driving when you have an expired license can add points to your driving record. Recording too many points on your record can lead to your insurance company issuing higher premiums and potential license suspension in the future.

License Suspension

If your license problems persist and you continue driving in Florida with an expired license, your driving privileges can be suspended. The duration of the suspension can vary. You must stick to the specific requirements to reinstate your request once it’s suspended.

Criminal Charges

In some cases, particularly if you have a history of driving with an expired license or other license-related offenses, you could face criminal charges. This can lead to more severe penalties, including the following:

More fines
A probation
Even jail time

This is a serious matter, and the consequences must be understood.

Increased Insurance Rates

Even if you manage to avoid criminal charges, your insurance rates will likely increase if you’re caught driving with an expired license. Insurance companies view this as risky behavior and may consider you a higher-risk driver, leading to higher premiums.

Getting Legal Help

Talking to a lawyer is a good idea if you’re in this situation. They can help in the following ways:

Understand your rights,
Deal with the legal stuff
Figure out if there’s a way to lower the fines
Fix the issues that led to the expired license

In a nutshell, if you get a ticket for having an expired license in Tampa, it’s a situation that can cost you a lot of money. Knowing and understanding the following:

What affects the fine amount
Understanding the financial impact

Legal help can help you make better decisions to deal with the problem and protect your rights as a driver. So, if this happens to you, don’t wait too long to take care of it.

Laws in Florida Regarding Expired Licenses

Understanding the laws in Florida regarding expired licenses is crucial to avoid legal trouble. Here are some key points to keep in mind:

Expiration Date

In Florida, driver’s licenses typically expire every eight years. There are some exceptions. For example, certain individuals, such as those aged 80 years and older, must renew their licenses every six years.

It’s important to check the expiration date on your license and renew it in a timely manner.

Grace Period

Florida offers a grace period of up to 18 months for renewing an expired driver’s license. If you renew it within this period, you will not have to retake the driving test. However, renewing your license as soon as possible is best to avoid any potential legal issues.

Renewal Options

You can renew your Florida driver’s license in various ways. For example, the following ways:

Online Renewal
Renew by mail
Renew in person at a local Department of Highway Safety and Motor Vehicles (DHSMV) office

When renewing, ensure you have the necessary documentation, such as proof of identity and residency.

Settling in Florida With a Valid Out-of-State License

When you relocate to Florida, holding a valid out-of-state driver’s license, it’s crucial to note that you need to acquire a Florida driver’s license within a 30-day window of officially establishing residency.

This legal obligation ensures that you are in compliance with the state’s regulations and enables you to fully embrace your new life in the Sunshine State, enjoying all the privileges and benefits that come with being a Florida resident.

Don’t Risk Driving With an Expired License!

As discussed above, you can see that driving with an expired license in Florida, particularly in Tampa, can lead to various penalties and complications. The consequences are significant. It’s crucial to know the laws in Florida and make it a priority to renew your license on time.

If you find yourself facing traffic tickets or any legal issues related to traffic violations in Tampa, don’t hesitate to take action. Don’t let fines and legal troubles overwhelm you; contact us today to protect your rights and find a way to navigate the complexities of traffic law.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminNovember 22, 2023 Traffic Tickets0 comments

Can You Get Arrested for Road Rage in Tampa?

Road rage is a cluster of behaviors that some drivers exhibit when they grow frustrated while on the road. These behaviors include things like tailgating, intimidating other drivers, and speeding.

Road rage accidents are on the rise, with Florida ranking second for the most shootings related to road rage. As you can imagine, a road rage accident involving gunshots will lead to felony charges. What about other kinds of road rage incidents?

If you’re a driver who struggles to remain calm behind the wheel, it’s time to learn about road rage arrest laws in Tampa.

Read on to learn when you can get arrested for road rage and what to do about it.

What Constitutes Road Rage?

As we mentioned earlier, road rage is an umbrella term that encompasses all or some of the following behaviors:

Speeding
Gesturing or yelling at other drivers
Tailgating or racing other drivers
Weaving
Excessive honking
Ignoring traffic signs and signals (e.g., running stop signs or red lights)

Road rage typically impedes surrounding drivers’ ability to drive safely. This is due to both the distraction that road rage can cause and the potential for enraged drivers to target other cars on the road.

Many drivers who experience road rage may have additional mental health or psychological issues in play. However, this does not make these drivers exempt from Florida traffic laws.

Are There Road Rage Laws in Tampa?

There is no law against road rage, specifically. Some behaviors associated with road rage may not lead to traffic violations or accidents. For example, gesturing at another driver may signify that you have road rage, but without the presence of other behaviors, it likely won’t lead to an arrest.

That said, many behaviors associated with road rage are explicitly illegal. For example, drivers can receive a speeding ticket for exceeding 10 mph over the speed limit. Driving over 30 mph above the speed limit will result in a misdemeanor and over 50 will result in a felony charge.

Let’s take a look at a few other situations that could lead to an arrest when a driver exhibits road rage.

Harassment

Believe it or not, those gestures at another driver could lead to an arrest. Certain forms of harassment, ranging from hand gestures to tailgating, convey that you are targeting another person or threatening to escalate. If an active duty police officer sees this behavior or another driver calls 911 to report the behavior, you may be in trouble.

Assault

Some drivers with road rage don’t confine that behavior to their time behind the wheel. It is not unheard of for drivers with road rage to get out of their vehicle to intimidate another driver, damage their property, or cause them harm, which can lead to assault charges. If the assault involved a weapon or an item that could be used as a weapon, they may face the more serious charge of aggravated assault.

Assault with a Deadly Weapon

Road rage-related shootings are on the rise, indicating that more drivers are carrying deadly weapons. In fact, if you use your car to harm another person (e.g., ramming their vehicle with yours), police may consider your car a deadly weapon. Even if the other driver was left unscathed, you may face the charge of assault with a deadly weapon.

Reckless Driving

Reckless driving is another umbrella term that encompasses several different behaviors that are often related to road rage. All of these behaviors break Florida traffic laws, but only certain conditions will lead to an arrest. For example, if reckless driving leads to a serious bodily injury to another person on the road, you will face a felony charge.

Legal Consequences of Road Rage

In the event that road rage doesn’t lead to an arrest, you can still receive tickets and points against your driving record. When the driving offense constitutes a misdemeanor or felony, the fines and additional consequences increase.

First-time traffic felonies can lead to an arrest and jail time. A series of misdemeanors can also lead to jail time or the loss of your driver’s license. You may also face a probation period during which additional offenses will have serious consequences.

One key example is the three-in-36-month law. If a driver’s behavior leads to an accident that causes serious bodily harm or fatalities followed by a second and third accident within 36 months, that driver will have 90 days to complete a driver improvement course. Failure to do so within 90 days will lead to the state revoking the driver’s license until the course is completed.

What to Do After a Road Rage Arrest

If you were arrested for road rage, the first thing you should do is hire an experienced traffic law defense attorney. You will need to attend a trial to review the facts of your case. During this trial, the judge will determine the penalties and consequences you will face.

An experienced attorney can help to reduce your charges. This can include reduced fines, reduced jail time, and more.

It is crucial that you cooperate with both the police and the judge, showing up to all court dates and behaving in a calm manner. An attorney can prepare you for your court dates and represent your defense. Thanks to our extensive knowledge of Tampa traffic laws and case precedents, the RHINO Lawyers can put together a strong defense that most drivers cannot achieve on their own.

Tampa Road Rage Traffic Incidents

Road rage does not constitute one illegal type of driving but instead refers to a variety of behaviors, many of which violate Florida traffic laws. In the worst-case scenario, these behaviors can lead to a road rage arrest in Tampa. If you’re facing legal repercussions after getting angry on the road, it’s time to talk to an experienced lawyer.

RHINO Lawyers have decades of behavior defending Tampa residents in court, including after serious traffic offenses. We start our clients off with a free case review to determine the best course of action. Contact us today to get started.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminNovember 8, 2023 Traffic Tickets0 comments

Can a Passenger Be Charged With DUI in Florida?

Florida, we have some bad news. Our state has some of the most irresponsible drivers in the nation–we rank at #10, to be precise. As a result, Floridian car insurance is the most expensive.

One of the most tragic ways Floridian motorists can be so irresponsible is with a DUI. This threatens the lives of everyone on the road, with the best outcome being that they go to jail without causing harm. Penalties are naturally quite severe.

It begs the question: Can a passenger get a DUI, too?

Even if you are stone-cold sober and minding your own business, don’t assume you’re out of the woods. Keep reading as we discuss passenger laws and whether a passenger could be accountable.

Florida DUI Law

There’s no better way to get an answer than go to the source of Florida DUI law. The second line in the 2023 Florida Statutes makes it clear who can get a DUI. At a bare minimum, the person must meet the following two criteria:

Be driving
Be in physical control of the vehicle

The legal limit for BAC (blood alcohol content) for a driver is 0.08%. If they are at or above that level, then they’re going to the slammer.

That legal limit, as we have established, only applies to the driver. Right off the bat, it would appear you were in the clear, right? The passenger is absolved of the driver’s actions since they do not have control of the vehicle.

As with anything in this world, it’s never that simple.

Can a Passenger Get a DUI?

Generally speaking, if you are in the passenger seat only, you cannot get a DUI. However, this is where complexity can enter a DUI case.

Officers investigating a DUI incident will look for other charges to leverage in the process. Your friend driving might get a DUI in Florida, but you could very well go home with different charges. It’s critical that you know your rights before saying or doing the wrong thing.

Open Container Laws

Even if you don’t have a single drop of alcohol in your system, open container laws apply. This means that a container of alcohol in the vehicle has a broken seal. If that container is in your cup holder, or you’re holding it, you’ll likely get busted.

The officer may ask you to take a breathalyzer test to confirm you were drinking. Even if the container wasn’t nearby you, a breathalyzer test could suggest you were taking a sip or two. A small factor like this could lead you to become the victim of an open container penalty.

Disorderly Conduct/Intoxication

Some people cannot control themselves when under the influence. They are rude, aggressive, or say very stupid things to lawmen that get them in trouble. Their behavior may be such that they are a danger to the property of others or the public at large.

This is known as disorderly intoxication. It would get you in trouble whether or not you were in a vehicle. If the officer deems you a threat to others in your current condition, you could be spending the night in a cell.

Unlawful Possession of Alcohol

Another situation that could complicate the matter is having someone in the car who’s under the age of 21. With a drunk driver, the officer may suspect other drunk people in the vehicle, too. DUIs are a serious offense, so they will likely dig deeper by checking other passengers.

If you are under the age of 21–even as a passenger–this could end badly. You don’t even need an open container of alcohol for unlawful possession to apply. Reasonable evidence suggesting that you are in constructive or actual possession of a drink could lead to penalties.

Again, the officer may administer breathalyzer tests to more than just the driver. If you are under the age of 21 and have alcohol in your system, it could be a bad night.

Controlling the Vehicle

Remember how we said you had to be driving or “controlling” the vehicle? Turning the wheel counts, and doesn’t necessarily mean you’re in the driver’s seat.

If you lean over and grab the wheel to help a drunk driver, that counts as “controlling the vehicle.” It doesn’t matter if it was a quick correction or frequent little nudges here or there. Under the influence, you have committed a DUI.

Granted, this is a bit harder for an officer to prove. They would either need to see it or get a witness confession that someone was doing it. They may not even suspect as much unless a passenger blurted it out.

Switching Seats

This is rare, but every officer has seen it at least once. Upon being pulled over, the drunk driver quickly switches seats with a sober passenger. A quick-and-dirty fix to get out of a life-changing DUI.

Of course, this could be hard to prove. The officer would need to have seen it with their eyes or on their dash cam. They may also become suspicious if they can’t tell the people apart once they exit the vehicle.

What Do You Do in a DUI Incident as a Passenger?

Assuming none of the above is true, you are likely in the clear. That said, you never know where law enforcement could take a case. Charges may only arise later, convicting you with something when you believed you were home free.

Whether or not you think you have broken the law, call DUI lawyers to help. Legal services have dealt with cases like this many, many times. They’ve seen all the different iterations a DUI case can take on–likely including your unique circumstance.

When it comes to driving under the influence, the judicial system does not mess around. Leniency is not common, nor are second chances. Get DUI attorneys on your side to secure the best outcome.

Hire A DUI Lawyer

Can a passenger get a DUI in Florida? In a slim selection of situations, such as switching seats or grabbing the wheel, yes. In the majority of cases, though, an officer may put you up for other, related charges instead.

RHINO Lawyers provides the best legal services in the Tampa area, period. Get your free case review now.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminNovember 1, 2023 Traffic Tickets0 comments

What Is the Penalty for a DUI With a Child Passenger?

Each time someone gets behind the wheel of a vehicle while impaired, they risk becoming a statistic. In 2021, over 13,000 people died from alcohol-related traffic incidents. The worst detail about this metric is that every death was preventable.

While driving under the influence doesn’t always result in an accident, it comes with the risk of severe penalties. This is particularly true if you’re drinking and driving with a child passenger. Let’s explore what the Florida DUI penalty chart has to say about a scenario like this.

What Is the Florida DUI Penalty Chart?

This figure helps people better understand the punishment for different Florida DUI scenarios. As you might expect, repeat offenders will experience harsher penalties. However, those with a minor in the vehicle at the time of the incident will also face great consequences.

Listed below are details about what to expect in different scenarios where a minor is present. Keep in mind that you can also experience the same penalties if you have a blood alcohol concentration (BAC) of 0.15% or above. Additional penalties for each offense include 50 hours of community service, DUI school completion, and substance abuse evaluation.

First Offense

Your first offense with a minor in the vehicle could land you up to nine months in jail or probation for up to one year. You face a potential fine of $1,000 to $2,000.

If your license is suspended, it will be for 12 months. Your vehicle will be impounded for at least 10 days. Those convicted in this scenario will also be required to have an ignition lock on their vehicle for six months.

Second Offense

Second offenders who have a minor in the vehicle face up to 12 months in jail. Depending on the judge’s ruling, you could be on probation for up to one year.

Fines range from $2,000 to $4,000. Your license could potentially be suspended for five years.

If this is your second conviction within five years, your vehicle will be impounded for 30 days. Otherwise, it will be for 10 days. Those ordered to install ignition interlock devices will be required to do so for a one-year minimum.

Third Offense

A 12-month jail sentence and probation of up to one year are the primary consequences you face for a third offense. A fine between $4,000 and $5,000 is also a possibility.

If the judge suspends your license, they’ll do so for 10 years. If this is your third offense within 10 years, your car will be impounded for 90 days.

For offenses outside of this range, your car will be impounded for 10 days. Ignition interlock devices must be installed for a minimum of two years.

Fourth Offense or Greater

This scenario carries the harshest penalties. From the fourth offense onward, you’ll be charged with a felony instead of a misdemeanor and face up to five years in prison. Your probationary period can also last up to five years.

Fines range from $2,000 to $5,000. Instead of license suspension, it will be permanently revoked. The judge will decide how long your vehicle stays impounded.

Although your license will be permanently revoked, you can still obtain a hardship license. This allows you to travel only to certain locations, such as work, school, or the doctor’s office. For this reason, you’ll need an ignition interlock device in your vehicle for at least two years.

What to Do if Pulled Over

If you get pulled over while driving under the influence, it’s essential to understand the right course of action. This could dictate whether you achieve a favorable outcome. Let’s look at the key steps below.

Safely and Calmly Pull Over

You should immediately pull over, and come to a complete stop. It’s crucial to remember that every aspect of the stop, including your driving leading up to it, is being documented when you’re pulled over for DUI.

Maintain Your Politeness

The interaction with the officer is being both audibly and visually recorded. Ensure that your behavior does not give anyone reviewing the recording reason to think you were impolite, unreasonable, or under the influence of alcohol. Always address the officer as “sir or ma’am” and refrain from any confrontational behavior.

Do Not Confess to Drinking

Following a Florida DUI stop, you must provide the police officer with your identification, driver’s license, registration, and insurance information. However, you are not obligated to respond to any potentially self-incriminating questions they may ask, such as “how much have you had to drink tonight?” You are not required to answer this question, and it is in your best interest to remain silent and avoid providing any information. Remember that the conversation is being recorded, and any admission of drinking can and will be used against you in a court of law.

Request Legal Counsel

If you are arrested, look into hiring a lawyer as soon as possible. At the scene and during the aftermath, say only what’s necessary to law enforcement.

Don’t attempt to explain yourself. Your lawyer will provide advice to get you on the right track.

Finding a Legal Professional

When searching for an attorney to work with, thoroughly examine their reputation. This will provide insight into the experience you’ll get.

Look into their payment structure, as well. The last thing you want is to deal with unexpected fees or expenses.

Prioritize lawyers who concentrate in this area of law. The more cases they’ve handled, the better.

Ask if they will delegate your case to someone else at their firm. This isn’t inherently a bad thing, but it could lead to someone you’ve never met handling the bulk of your case.

If they do plan on delegating, ask to meet the person they’ll give the case to. From here, you can determine whether that individual meets your needs.

Never Drive Under the Influence

Even if you’re only driving around the corner, getting behind the wheel after you’ve been drinking can have terrible consequences. Consider the information on the Florida DUI penalty chart and use these facts as a deterrent. Even a single incident can derail your entire life.

For those who need legal help, it’s best to get in touch with RHINO Lawyers. Our team of reputable legal professionals can assess your situation and come up with the best solution.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminOctober 25, 2023 Traffic Tickets0 comments

What Is the RIDR Program and How Can I Benefit From It?

Driving under the influence is becoming a bigger and bigger problem in Florida. In 2021, there were nearly 44,000 drivers in the Sunshine State charged with a DUI.

To address this problem, Florida came up with a DUI diversion program called the Reducing Impaired Driving Recidivism Initiative (RIDR) to discourage people from doing this again.

Depending on your type of DUI, you could become eligible for this program. You increase your chances of this even further when you have the proper lawyer by your side.

What is this program? Who is eligible? How can a lawyer help you get into a RIDR program in Florida?

Read on for a guide that answers all of those questions and more.

What Is the DUI Diversion Program?

The DUI diversion program is a program that Florida came up with to try to help people charged with a DUI avoid getting charged with it again. Also, it is to educate drivers who are facing this charge about the dangers of driving under the influence.

Hillsborough happens to be one of the only counties in the state that currently offers this type of program. This program directly targets people who are just facing DUI charges.

Eligibility

There are certain requirements that you have to meet to be eligible for this program.

For starters, you can only enter this program if it is your first DUI. If you or a loved one have a past with DUI charges, you are not going to be eligible for the RIDR program this time around.

Then, you have to consider what type of DUI charge that you may be facing. That is because Florida only allows people with certain DUI charges to participate in this program.

The main requirement here is that this is a misdemeanor DUI. If you or a loved one have a felony DUI charge pending, you are not eligible to participate in this program.

Then, you have to account for who was in your vehicle at the time of this DUI. If there was any sort of minor in the vehicle, you lose your eligibility for this program.

Your BAC level can play a role in your eligibility as well. To meet this requirement, your BAC level had to have been under .20.

Review your case and consider talking to a DUI lawyer to see if your case is eligible for this program.

Program Levels

Another important thing you need to know about this program is that there are three different levels that the program offers. This depends on what kind of DUI charge you are facing.

However, there are a few things that apply to each one of the levels mentioned. The first is that if you have prior felony charges, you are not eligible for any of these program levels.

Level 1

This tends to be reserved for the least serious DUI charges.

The main thing you need here is a BAC level below .15. So, what do you have to do to complete the Level 1 program?

You have to have continuous alcohol monitoring and an ignition interlock alcohol device in your vehicle for at least three months. You will also have to complete 50 hours of community service.

Level 2

People who enter the Level 2 program are those with a BAC above .15 during their DUI conviction. The main differences are that community service hours increase to 75 and the ignition interlock alcohol device has to be on your vehicle for six months.

Level 3

Finally, this level is reserved for those who are facing drug charges surrounding their DUI rather than just alcohol.

With this level, people have to complete 50 hours of community service. On top of this, people at this level are required to wear an Abuse Patch for three months to make sure that they are not using drugs.

How a Lawyer Can Help

Now that you have a better understanding of what the RIDR program is, you may be wondering how a lawyer can help you with this. Well, there are a few big ways that they can have an influence with this case.

The first part of this is just having knowledge about this program. Since this is something that is only available in certain parts of Florida, it may not be given that a defendant knows about this program.

A lawyer is likely to have extensive knowledge of this program and what type of clients they have who can end up eligible for this. A lawyer has enough experience to pursue this option on your behalf if you meet the criteria mentioned above.

Also, lawyers can provide you with the legal counsel that you need to get a lighter sentence here. This can be anything from your behavior in court to what you need to confess to, what your options are, why this is the best option for you, and more.

Finally, lawyers can act as your voice when it comes time to talk to a prosecutor and a judge. During a certain point in this proceeding, a lawyer and a prosecutor are likely going to sit down and negotiate what your penalties will be for a DUI.

A lawyer is the person who will vouch for you and provide the best argument as to why you deserve to be part of this program. To take this a step further, your lawyer may even try to get you into the program at a lower level compared to what you may get on your own.

In other words, lawyers tend to be great negotiators. Let one with this talent act on your behalf.

Hire a DUI Lawyer

This is some information that you could use when it comes to the DUI diversion program.

You need to be aware of what criteria you need to meet to even enter this program. Then, get an understanding of what you have to do at each level of the program. Finally, let a lawyer negotiate the right program level for you.

If you or a loved one is facing a DUI charge, you should talk to a DUI lawyer about your options. Get a free case review from us here.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminOctober 18, 2023 Traffic Tickets0 comments

DUI Penalties in Florida and How to Handle Them

The DUI laws in Florida aren’t quite as strict as they are in states like Arizona, Georgia, and Alaska. Florida DUI laws tend to fall somewhere in the middle of the pack when it comes to strictness.

But that doesn’t mean getting a DUI in Florida will be a walk in the park. Like most other states, Florida has put serious DUI consequences into place to deter people from driving under the influence of alcohol and/or drugs. As a result, you will face harsh Florida DUI penalties if you’re ever convicted of DUI.

This Florida DUI penalty chart that we’ve put together shows the potential penalties you may face if you’re ever arrested for DUI in the state. It’ll help show you why you should hire a Florida DUI lawyer immediately to handle your DUI case and hopefully help you avoid having to deal with the worst Florida DUI penalties possible.

Check out our Florida DUI penalty chart below.

First Offense

After getting a DUI in Florida for the first time, you’ll face a handful of DUI penalties that will be designed to make you think twice before you ever get behind the wheel after using alcohol and/or drugs again. From fines to jail time to community service, you’ll likely have to deal with a variety of DUI consequences.

The first entry on our Florida DUI penalty chart looks like this:

Fines: $500 to $1,000
Jail Time: 1 day to 6 months
Probation: Up to 1 year
Loss of License: 180 days to 1 year
Impounded Vehicle: 10 days
Breath Alcohol Ignition Interlock Device Installation: 0 days to 6 months
Other Florida DUI Penalties: 50 hours of community service, required substance abuse counseling, and DUI school

First Offense With a Minor in Vehicle or BAC Level of 0.15

If you get a DUI in Florida for the first time while you have a minor in your vehicle or while your blood alcohol content level is at or above 0.15, you’ll face harsher Florida DUI penalties than usual. Each of the DUI consequences that we just discussed will be ratcheted up to the next level.

This is what these Florida DUI penalties will look like:

Fines: $1,000 to $2,000
Jail Time: 1 day to 9 months
Probation: Up to 1 year
Loss of License: 180 days to 1 year
Impounded Vehicle: 10 days
Breath Alcohol Ignition Interlock Device Installation: 6 months to 1 year
Other Florida DUI Penalties: 50 hours of community service, required substance abuse counseling, and DUI school

Second Offense Within 5 Years

If you get a second DUI offense in Florida, the timing of it will impact the DUI consequences you’ll face. These consequences will be on the stricter side if your second DUI arrest occurs within 5 years of the first one.

Here are the Florida DUI penalties you’ll be looking at if you’re convicted of DUI twice in the state:

Fines: $1,000 to $2,000
Jail Time: Minimum 10 days to 9 months
Probation: Up to 1 year
Loss of License: 5 years or more
Impounded Vehicle: 30 days
Breath Alcohol Ignition Interlock Device Installation: At least 1 year
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Second Offense Within 5 Years With a Minor in Vehicle or BAC Level of 0.15

The Florida DUI penalties for someone who has been convicted for a second time in 5 years are already very harsh. Because of this, the DUI consequences for getting a second offense within 5 years with a minor in your vehicle or a BAC level of 0.15 or higher aren’t that dramatically different.

Take a look at the penalties you’ll face in this instance:

Fines: $2,000 to $4,000
Jail Time: Minimum 10 days to 12 months
Probation: Up to 1 year
Loss of License: 5 years or more
Impounded Vehicle: 30 days
Breath Alcohol Ignition Interlock Device Installation: At least 1 year
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Second Offense After 5 Years

If you end up getting a DUI in Florida for the second time but it takes place at least 5 years after your first conviction, the Florida DUI penalties will be slightly less harsh than they would be otherwise. But you’ll still find yourself dealing with some serious DUI consequences.

This is how these consequences will break down:

Fines: $1,000 to $2,000
Jail Time: 1 day to 9 months
Probation: Up to 1 year
Loss of License: 180 days to 1 year
Impounded Vehicle: 10 days
Breath Alcohol Ignition Interlock Device Installation: At least 1 year
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Second Offense After 5 Years With a Minor in Vehicle or BAC Level of 0.15

If you get a DUI in Florida for the second time after 5 years but you have a minor in your vehicle or a BAC level of 0.15 or higher, your Florida DUI penalties will be slightly harsher than if you weren’t arrested under these circumstances. Florida does not take kindly to DUIs that involve minors being in a vehicle or an especially high BAC level.

Here is how you’ll be penalized in this case:

Fines: $2,000 to $4,000
Jail Time: 1 day to 12 months
Probation: Up to 1 year
Loss of License: 180 days to 1 year
Impounded Vehicle: 10 days
Breath Alcohol Ignition Interlock Device Installation: At least 1 year
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Third Offense Within 10 Years

Getting arrested for DUI in Florida for the third time within 10 years can carry some of the most serious DUI consequences of all. The Florida DUI penalties that you’ll face might have a huge impact on your lifestyle.

This is what you may be facing following a third DUI arrest in a decade:

Fines: $1,000 to $5,000
Jail Time: Minimum 30 days to 12 months
Probation: Up to 1 year
Loss of License: 10 years or more
Impounded Vehicle: 90 days
Breath Alcohol Ignition Interlock Device Installation: At least 2 years
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Third Offense Within 10 Years With a Minor in Vehicle or BAC Level of 0.15

Getting arrested for DUI in Florida for the third time within 10 years with either a minor in your vehicle or a BAC level of 0.15 will subject you to even more serious DUI consequences. Just like with the previous examples listed on this Florida DUI penalty chart, you’re going to face stricter penalties under these circumstances.

Here are the Florida DUI penalties you’ll face:

Fines: $4,000 to $5,000
Jail Time: Minimum 30 days to 12 months
Probation: Up to 1 year
Loss of License: 10 years or more
Impounded Vehicle: 90 days
Breath Alcohol Ignition Interlock Device Installation: At least 2 years
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Fourth Offense

If you happen to get arrested for DUI in Florida for a fourth time this can be considered a felony. You will run the risk of losing your driver’s license for good. You’ll also face other DUI consequences that could change your life forever, like extensive jail or prison time.

Check out the Florida DUI penalties for a fourth DUI offense and conviction:

Fines: $2,000 to $5,000
Jail Time: 1 day to 5 years
Probation: Up to 5 years
Loss of License: Permanent
Impounded Vehicle: 90 days
Breath Alcohol Ignition Interlock Device Installation: At least 5 years
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Getting a fourth offense with a minor in your vehicle or a BAC level of 0.15 or above will carry the same Florida DUI penalties. You will no longer be able to drive in the state after four DUI convictions. You could also be looking at serious jail or prison time.

Call Us for More Details on This Florida DUI Penalty Chart

This Florida DUI penalty chart shows how seriously the state of Florida takes DUI convictions. It has put strict DUI consequences in place in an attempt to stop people from drinking and driving or driving while under the influence of drugs.

But as you’ve seen after looking at this Florida DUI penalty chart, at least some of the Florida DUI penalties vary quite a bit. For instance, you could end up in jail for anywhere from just over a week to a full year following a second DUI arrest and conviction.

With this in mind, you should hire a great Florida DUI lawyer to help you if you’re ever arrested for DUI. They can work to minimize your DUI consequences or potentially even get your DUI case dismissed completely.

Contact RHINO Lawyers to learn how our law firm can help you.