What Are the Laws for Driving in a School Zone?
Did you know there are over 100,000 schools in the United States? The sheer number of schools in our country means that sooner or later, you’re bound to drive through a school zone. Whenever you see school zone signs, you can adjust your speed and be alert for children. But what are the speed limit restrictions for Florida school zones? And what happens if you commit an infraction while driving in one of these zones?
If you want to discover the answers to these questions, you’re in the perfect place. This guide will help teach you everything you need to know about the laws for driving in a Florida school zone. That way, you can drive safely whenever you approach a school.
What Are School Zones?
School zones refer to either the immediate areas around a school or crosswalks near a facility. When a driver enters a school zone, they need to pay extra attention to potential children and parents crossing the street.
Sometimes there are crossing guards in school zones to facilitate the safe flow of traffic. A driver will also need to reduce their speed when driving in a school zone.
However, usually these speed restrictions only occur in the morning and afternoon, when kids are being dropped off and picked up. School zones are marked either by school zone signs or flashing lights.
What Do School Zone Signs Look Like?
School zone signs are shaped like an irregular pentagon. That means that it has a triangle on the top, with a square shape on the bottom. The fluorescent yellow signs also contain black symbols of people crossing the street.
These signs are placed all around the school. However, they’re usually confined to crosswalks and places where children often play.
What Are the Speed Limit Restrictions for These Zones?
The laws surrounding Florida school zone speed limits come from the state’s statute 316.1895. This law states that the maximum speed limit in a school zone is twenty MPH. Why is this law needed?
If a child runs into the middle of the street, it gives drivers enough time to react and brake. Additional state school zone driving laws also state that it’s illegal to use your cell phone and text/drive while in a school zone.
You can also get violations if you refuse to follow a crossing guard’s instruction or fail to yield to pedestrians. If you want to read the Florida statutes in their entirety, you can do so by visiting this resource here.
Fines for School Zone Driving Infractions
When you get an infraction in a school zone, it’s counted as a moving violation. Usually, the moving violation fine will start at $50. However, if it occurs in a school zone, then it’s doubled.
It’s also important to note that it can increase depending on how fast you were going by five MPH increments. So if you fly through a school zone going fifty MPH, you can expect some pretty hefty fines.
If you get a traffic ticket in a school zone, we don’t recommend paying it right away. Why? Because it can lead to an automatic conviction and points on your driver’s license.
If you get enough points on your driver’s license, it can result in the suspension of your license. Instead, contact a lawyer who focuses on traffic tickets. They can advise you on the best course of action for your specific circumstances.
What Are Common Accidents That Occur in a School Zone
School zones are there for a reason: they are extremely vulnerable to accidents. Not only are people frequently crossing the street, but vehicles are also stopping suddenly to unload children.
Some of the more common accidents you’re likely to encounter include things like:
- Car door accidents occur when a cyclist or vehicle hits an open car door
- Pedestrian accidents occur when someone is hit on a busy road
- Rear-end collisions from sudden stops to drop off or pick up children
- Bicycle accidents from children biking to school
If you’ve been involved in one of these accidents, it’s vital to contact a personal injury attorney as soon as you’re able. You can avoid these costly accidents by following the tips laid out in the next section.
Tips for Driving Safely in a School Zone
Obeying the speed limit in a school zone is one of the main things you can do to prevent accidents. However, there are other precautions you can take to drive safely in these zones.
For starters, never try to pass a stopped vehicle in a school zone. There’s a good chance that this parked car is either loading or unloading children. As such, you could hit them if you try to pass. It’s also important to be alert when in these zones.
Children aren’t like adults. They often move unpredictably. They might try to cross in an area that doesn’t have a crosswalk. Or they might run into the street to grab something.
Be on the lookout to avoid these hazards. Lastly, if you stop at an intersection, make sure your vehicle isn’t blocking the crosswalk. This will force children and other pedestrians into the street, which can make them a potential hazard for other vehicles.
Got a Traffic Ticket From Driving in a School Zone? Contact RHINO Lawyers
We hope this guide helped you learn more about school zone signs, speed limits, and infractions. As we mentioned before, if you have multiple points on your license, then a school zone traffic ticket could result in either civil penalties or a potential suspension of your license.
If you find yourself in this situation, it’s important to contact a professional like the kind found at RHINO Lawyers. Our team has extensive experience when it comes to auto laws in the state of Florida.
So, whether you’ve been injured in an accident, or need help dealing with traffic tickets, we can help you. Contact us today to schedule your free video consultation.
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.
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The Hidden Costs of Speeding Tickets in Florida
Most speeding tickets in Florida come with a $200 to $300 price tag. And if you thought that amount was high, take note. Play your cards wrong, and you could find yourself paying up to $1,000 if caught going 50mph over the speed limit. The fees you pay vary according to how fast you’re going. As well as, if they catch you speeding in a specific zone. When it comes to speeding, the best way to protect yourself is to drive within the speed limit. If you thought fines were hefty, there is a pretty good reason why. Speeding comes within the top five most common causes of car accidents, after distracted driving, drunk driving, poor weather, and reckless driving or road rage. If you do tend to push the pedal to the metal, then be aware of the hidden costs that can accompany a speeding ticket.
The Hefty Costs of Point Suspensions
When you receive a ticket, you can earn points which, when accumulated, can cause your license to be suspended. If you receive 12 points within 12 months, you receive a 30-day suspension. For 18 points within 18 months, you get a 3-month suspension. Meanwhile, for 24 points within 36 months, you can receive a 1-year suspension. Simply add up how much taking a car saves you time on public transport, and taxis or Uber. Can you afford to lose your license by racking up points?
Paying More for Insurance
If you are budget-conscious, then one area you may try to save on is insurance. You might do this by choosing a vehicle type that is generally cheaper to insure—for instance, an SUV with a positive rating and reputation for safety or a safe family sedan, as opposed to a car known for its speed. What’s more, is that some brands (including Dodge and Tesla—known for speed—and whose vehicles can be expensive to repair) are pricier than others to insure. If you are looking to save unnecessary expenditures, be aware that in Florida. There is an average 22% increase in a driver’s insurance rate if they get a speeding ticket. This makes sense considering the big role that speeding has played in countless accidents.
Additional Penalties
Drivers have an obligation to stick to speed limits regardless of where they are driving. However, with a view to keeping children safe, Florida lawmakers have created more serious consequences for those violating the law in zones where children are going to and coming from school. As such, you will have to pay a higher fine than average if you get caught speeding in one of these zones. And you can also cause you to lose more points. In general, you can expect to pay double the amount you would for a standard speeding ticket. Moreover, you will have obtained at least 3 points on your license, or 4 points if you’re going 16mph or over the limit, and 6 points if speeding leads to a crash.
More Hidden Costs
Be careful of pleading guilty to speeding in Florida. Doing so will mean you will have a conviction on your record. Seek the help of a traffic lawyer to avoid indirect costs. The latter can range from out-of-pocket costs for Uber and Lyft to strained relationships with family and friends who you may ask to help you out. While many people would undoubtedly like to ease your burden. Everyone has their own obligations and needs, and they may be unable to adapt to your schedule.
Why Is it Wise to Hire a Lawyer if You Get a Speeding Ticket?
Convictions can have a big impact on your life. So it is always a good idea to hire a traffic lawyer who knows the rules of the road to help reduce the negative consequences. And potentially get your ticket reduced or dismissed. Lawyers who practice in this field know the ins and outs of the relevant legislation. Plus, they rely on various strategies to help their clients. For instance, they may see it fit to challenge the validity of a radar or laser that was used to record your speed.
Clearly, the costs of receiving a citation for speeding in Florida can go way beyond the cost of the fine itself. You can rack up points, end up paying higher insurance premiums, and ultimately find yourself with a suspended license. Therefore, avoid turning your life upside down by sticking to the speed limit and seek legal advice if you are ticketed.
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.
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What’s the Difference Between ‘Nolo Contendere,’ ‘Nolle Prosequi,’ and ‘Guilty Plea?’
Going to court in Florida can be daunting. After all, the Sunshine State has 94 different courts, each with different personalities and oppositions you have to deal with.
If you have never been to court, you may think there are only guilty and not guilty pleas as options. As any good lawyer will tell you, these pleas only scratch the surface.
What are the biggest differences between guilty vs. no contest and the other types of pleas available? Read on to find out the answers to these questions and more.
Guilty vs. No Contest
Before we get into the biggest differences between these pleas, let’s go over what guilty and no-contest pleas share in common.
The main thing that these two have in common is that with both pleas, the defendant accepts a conviction and the consequences that go with it by the court. That’s about where the similarities end. Below, we spell out the main differences between these pleas.
Guilty
First, what is the guilty plea? When you plead guilty, you fully admit to the crimes or civil charges against you. You are also owning up to your actions and accepting responsibility.
Someone might plead guilty if it’s the best way to negotiate in a plea bargain. For example, the plaintiff or prosecutor may offer the defendant a better deal with their punishment or charges if the defendant pleads ‘guilty’ to a charge. This saves everyone time and effort to pursue this case further and allows both sides to reach some sort of compromise.
If a defendant pleads ‘not guilty’ in a case, then the defendant can face more severe penalties if they are still ruled guilty. Because of this, they may plead guilty to prevent the possible penalties associated with the crime. It could reduce fines and keep them out of jail.
No Contest – nolo contendere
The other option that some people may choose to go with is a no-contest plea. Also known as “nolo contendere,” many people fail to understand the difference between nolo contendere vs. not guilty pleas, so here’s a quick explainer.
With the not guilty plea, you admit guilt to the charges against you. Comparably, with a nolo contendere plea, you are not admitting guilt. The only thing you are doing is accepting the penalties the court applies to you.
Let’s say that you got charged with a DUI. However, you are a public figure in your local area. As such, you are concerned about what this could do to your reputation, your social life, and even your career.
A no-contest plea here allows you to accept similar penalties without fully admitting that you did anything wrong. As a result, this can make it more difficult for someone to face civil penalties or consequences.
Some people may choose this as an alternative to going to trial. Considering that defendants lose 90% of cases that go to trial in civil lawsuits, they may look at it as a way to avoid losing a lot more down the road.
What Is Nolle Prosequi?
Nolle prosequi means “unwilling to pursue.” It refers to a formal notice from a plaintiff or prosecutor that they will be abandoning their civil or criminal lawsuit. However, it must be entered before the judge returns the verdict.
How a Lawyer Can Help With Guilty and No Contest Pleas
Now that you understand the differences between each of these pleas, it is time to discuss how a good lawyer comes into play for a guilty plea and a no-contest plea. Let’s take a look at what lawyers do for each plea.
Lawyers and Guilty Pleas
What can a lawyer do for someone who is pleading guilty to charges presented to them? The two biggest things are convincing the defendant that this is the best move for them as well as negotiating the penalties down.
Let’s go back to the DUI example. If a court wants to rule you guilty, you may be thinking about how unfair it is and that something went wrong during the process.
Two things can happen here. A lawyer can look at the case and tell a defendant that there is nothing more that they can do. They can also provide legal counsel and tell the defendant how much more severe the penalties can get if a defendant continues to pursue this.
Then, a lawyer can sit with a prosecutor and discuss terms. Once a lawyer can get a defendant on board with pleading guilty, it becomes easier to negotiate said penalties.
Examples can be that the defendant does not spend any time in jail rather than up to a year. Or their community hours are about 20% of the maximum amount allowed in the state.
In other words, the right lawyer helps keep penalties down to a minimum.
Lawyers and No Contest Pleas
One of the biggest things a lawyer can do in this position is to let a defendant know that they even have this option. The right legal counsel can explain the benefits of a public figure doing this rather than pleading guilty.
If a lawyer is set on this being the best move for their client, they can also use this as part of a negotiation tactic. Just like the above, they are eventually going to have to sit in the same room as a prosecutor and talk about this case.
They can talk to a prosecutor and get an idea of what the penalties might be for their client.
Also, a lawyer is more likely to see what the future consequences could be for either plea. If they can see a civil lawsuit coming after this case, they will know that a no-contest plea can help someone down the road.
Hire the Right Lawyer
These are the main things you need to know about a guilty vs. nolo contendere plea. With the former, you are admitting that you committed a crime or a wrong action. With the latter, you are merely accepting the consequences that would likely come from a guilty plea without admitting the actual guilt.
A good lawyer can help you decide which plea is right for your case. Get a free case review from us today.
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.
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Know Your Rights When Stopped at a Florida DUI Checkpoint
Even with fewer drivers on the road, alcohol is the leading cause of traffic fatalities. Every year, we lose over 10,000 people to drunk driving.
One way to combat drunk driving is to use DUI checkpoints, also known as sobriety checkpoints. Unfortunately, these checkpoints can be very stressful. If you’re not sure how to behave, you can easily incriminate yourself.
Want to prepare for encountering a Florida DUI checkpoint? Here’s all you need to know about what to expect and how to protect your rights.
Are DUI Checkpoints Legal?
Some states lack the statutory authority to conduct DUI checkpoints. That said, Florida is on the list of 38 states where these checkpoints are legal.
According to the GHSA, there are about 15 to 20 DUI checkpoints set up in Florida each month. Some of these checkpoints are permanently manned. Others are set up in random locations, usually in high-risk areas.
It’s important to remember that DUI checkpoints serve a valuable purpose. Still, the officer conducting them may violate your constitutional rights. If you believe this is the case, contact a professional Florida DUI lawyer.
DUI Checkpoint Laws
Not sure which procedures officers must follow while manning a DUI checkpoint in Florida? Here are three common examples.
The Three-Minute Rule
As the name implies, Florida officers can’t detain a motorist at a sobriety checkpoint for more than three minutes. If they determine probable cause, however, they can keep a vehicle for much longer.
If a stop takes longer than three minutes without cause, the officer must suspend the diversion of vehicles. A checkpoint may also be unreasonable if it ends up holding up upcoming traffic.
Checkpoint Scheduling
Law enforcement agencies must provide information about any scheduled DUI checkpoints. If you don’t want to deal with this inconvenience, you can simply avoid those areas. This information is available at DUIBlock.
Determining the DUI Formula
Officers must determine the procedure for pulling drivers over before establishing the checkpoint. Their selection must be fair and random. For example, they may decide to pull over every third car passing through.
Avoiding the Checkpoint
A DUI checkpoint is legal, but avoiding it is legal as well. If an officer doesn’t have probable cause, they can’t pull you over for avoiding a checkpoint.
Doing this is easier than it may seem. According to Florida law, officers must set up signs that warn drivers of the checkpoint. Once you see these signs, you can make legal traffic maneuvers to turn around.
Sometimes, though, there will be no legal way to avoid a checkpoint. In this situation, your best option is to go through it. Making an illegal U-turn to avoid a checkpoint will likely result in getting pulled over.
Answering Questions
A DUI checkpoint starts like any other traffic stop you’ll encounter. An officer will ask you to pull to the side and provide identification.
At this point, the officer will ask you some questions. Depending on your answers and behavior, they may find probable cause to investigate further. Not having the necessary documents may also nudge them in this direction.
What you may not know is that you don’t have to answer these questions. Instead, you can say that you don’t wish to say more without an attorney present. You can also show them your “Know Your Rights” card.
Some drivers keep their windows rolled up at checkpoints and don’t interact at all. Though this is legal, it’s not the best course of action. By being polite, you can make sure an officer won’t mistake your silence for non-compliance.
Consenting to Tests
Regardless of whether you talk to them, the officer may believe you’re driving under the influence. If so, they can ask you to perform some tests.
Field Sobriety Test
The first test you’ll need to perform is the field sobriety test. That involves doing a series of three field sobriety exercises (FSEs):
- Horizontal Gaze Nystagmus (Follow-the-Pen)
- Walk-and-Turn
- One-Leg Stand
A field sobriety test can be a double-edged sword. If you haven’t consumed any alcohol, it may be wise to take part in it. That said, many sober drivers find it hard to perform this test while facing arrest.
Of course, you also have the right to refuse to take part in the test. Many officers will neglect to mention this option while making their requests. Doing so, however, may give the officers probable cause to do a chemical test.
Chemical Testing
Chemical testing may involve a breathalyzer or blood test. Under Florida’s implied consent law, you can’t refuse a chemical test. Doing so is a misdemeanor offense and makes you subject to the following penalties:
- 12-month license suspension for a first-time refusal
- 18-month license suspension for a previous refusal
Keep in mind that a breathalyzer test can be wrong. Many factors can cause a positive reading, from poor calibration to certain medical conditions. Blood tests tend to be more accurate, but they aren’t used as often.
Protecting Your Rights
Even if you’ve done nothing wrong, DUI checkpoints can be intimidating. If you’re charged with a DUI, though, it’s essential to protect your rights.
First, keep in mind that getting arrested for a DUI in Florida can lead to severe penalties. Many of these penalties have long-term implications. That’s particularly true for pilots and other specific professions.
If you’re arrested at a DUI checkpoint, it’s in your best interest to talk to a DUI lawyer right away. In fact, you should contact a lawyer as soon as you’re pulled over. That’s the easiest way to ensure you’re treated fairly.
A DUI lawyer can do a lot for your case. They’ll request the police report from your arrest, which can impact your defense. They can also ensure that the officers used the appropriate checkpoint procedures.
This Is What to Do at a DUI Checkpoint
As you can see, there are many things you should keep in mind if you’re stopped at a DUI checkpoint. If you ever need a refresher on what to do in this situation, this guide is the perfect starting point!
Were you arrested for a DUI in Florida? If so, our experienced DUI attorneys will do everything they can to mitigate the impact of these charges. Contact us here to learn more about your legal options!
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.
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What Is the Difference Between a DUI and a BUI?
Did you know that operating a vessel while impaired by alcohol or other drugs is a major violation of Florida law?
Believe it or not, it’s true. And, if suspected of operating a boat under the influence, officers can require you to pass a sobriety test. Failure will result in a specific boating ticket, known as a BUI – boating under the influence.
This offense is actually just as serious as a DUI, issued for drunk driving. And it can have major impacts on your future, especially if you’re an avid boater. Read on to learn about the difference between these two charges, and the penalties associated with both.
Boating Under the Influence
Under Florida statutes, any boater suspected of operating a vessel while intoxicated can be subjected to either a physical or chemical test to determine how much alcohol is in their breath or blood. This could include field sobriety tests. Like blowing into a breathalyzer and even having blood drawn.
If they determined that the operator is legally intoxicated. Meaning they have a blood or breath alcohol level at or above .08. Then the officers could charge them with a BUI offense.
Also, they can file BUI charges under some special circumstances. Like, when a boat driver has less alcohol in their system. For example, if they determined that the operator is under the influence of drugs other than alcohol.
Also, if they find any boat operator under 21 years of age to have a blood or breath alcohol level of .02 or higher. They can charge them with a BUI.
Understanding BUI Charges
If you have a BUI charge in Florida, you can expect the state to prosecute your case aggressively. In most cases, they will seek the maximum penalty. This varies based on how many BUI offenses you have received.
- First BUI Offense – This misdemeanor may result in a fine of up to $1,000, and up to 6 months of jail time
- Second BUI Offense – Also a misdemeanor, this charge is associated with fines of up to $2,000, and up to 9 months in jail
- Third BUI Offense Within 10 Years – This third-degree felony charge can result in up to $5,000 in fines, and 5 years of jail time
- Third BUI Offense More Than Ten Years After Prior Conviction – This misdemeanor charge is associated with a fine of up to $2,000, and up to 1 year in jail
In addition to the penalties listed above, all Florida BUI convictions are associated with a minimum probation period of one year per offense. Terms will include monthly reporting to an assigned officer, community service, and drug and alcohol counseling.
This probationary period may be extended for repeat BUI convictions.
Aggravated BUI Charges
In some cases, they might consider BUI charges aggravated. For example, if the vessel operator has a blood or breath alcohol level of .15 or higher. Plus, they can apply these more serious charges if the person suspected of BUI has prior DUI convictions. Or if they have another drug-related offense on their record.
The term aggravated may also indicate that a BUI incident involved other factors that enhance the severity of the crime and its penalties. This might include:
- BUI incidents resulting in property damage
- BUI incidents that cause bodily injury or death
- If the BUI incidents involve a minor
Aggravated BUI charges associated with property damage are first-degree misdemeanors. And they carry maximum penalties of $1,000 in fines and a one-year jail sentence. If you cause bodily injury, this is a third-degree felony, which could lead to a fine of up to $5,000, and jail time of up to 5 years.
A BUI that leads to the death of another person the law may consider BUI manslaughter. This second-degree felony can result in fines of up to $10,000 and up to 15 years in jail. And, if a BUI suspect leaves the scene of a boating accident. Rather than rendering aid to injured victims. Then they could face a first-degree felony, with fines of up to $10,000 and jail time of up to 30 years.
The Difference Between DUI and BUI
Simply put, the primary difference between boating and driving under the influence is what kind of transportation is being used – a boat or a car.
The two crimes carry similarly serious penalties. Though a BUI won’t necessarily impact your legal ability to drive. And unfortunately, in both DUI and BUI cases, the punishment begins well before conviction. Because they will likely arrest you, impound your vessel or vehicle, and face serious financial consequences.
Both first-time DUI and BUI charges will result in hefty fines, probation, a tarnished legal record, and potentially court-ordered counseling. Even worse, repeated DUI and BUI offenses can lead to felony charges and extended jail sentences.
No matter which type of charges you’re facing, it’s essential to act quickly. Your criminal record will show both misdemeanor and felony offenses. Potentially making it difficult to rent or buy a home, find a good job, or attend college.
It’s also important to note that the court can combine a history of DUI and BUI convictions, leading to aggravated charges and higher penalties. And, you’re unlikely to win your case without legal aid!
Florida BUI Defense
If you’ve received a charge of DUI or BUI, or need legal defense in Florida, you’re in the right place.
We have a team of dedicated attorneys and legal professionals at RHINO Lawyers to help each client win their case. And, we have decades of experience working with people just like you.
Contact us or call (844) RHINO-77 today for a free case review or virtual consultation. We can help with auto accident and personal injury claims, criminal defense, and much more.
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.
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Is Fleeing and Eluding a Felony?
Fleeing and eluding a police officer is a felony in Florida. If you receive a conviction for this offense, you could face jail time, fines, or probation. So, it is important to understand the consequences of fleeing and eluding so you can make an informed decision about how to respond if the police stop you.
Here are a few tips from an experienced criminal defense attorney about charges for eluding a police officer.
Definition of Fleeing and Eluding
Section 316.1935 of the Florida Statutes defines the crime of fleeing and eluding as the failure to stop your vehicle in a timely and safe manner when ordered to do so by a law enforcement officer.
This officer must have emergency lights activated while in a fully marked patrol car. Thus failure to stop is often considered a felony offense. And punishable by fines, imprisonment, or both.
In some states, they consider fleeing and eluding a crime of violence. Which can result in enhanced penalties. If you receive accusations of fleeing and eluding, it is important to contact an experienced criminal defense attorney as soon as possible. Because they can help you understand the charges against you and your legal options.
Categories of Fleeing and Eluding
There are several categories of fleeing and eluding offenses in Florida. Let’s take a look at some of these charges.
Without Sirens Activated
This is a different charge if the officer’s sirens are not activated. It is a first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine.
With Sirens Activated
The penalty for fleeing and eluding with sirens activated is a felony third-degree charge. This is punishable by a prison term of up to 5 years and a $5,000 fine.
Aggravated Fleeing and Eluding
Fleeing and eluding with wanton disregard for the safety of others is aggravated fleeing and eluding. This is a felony third-degree charge punishable by a prison term of up to 15 years and a $10,000 fine.
High Speed or Reckless Driving
If you receive an accusation of fleeing and eluding while driving at a high rate of speed or in a reckless manner, you will be charged with a felony third-degree. This is punishable by a prison term of up to five years and a $5,000 fine.
Causing Property Damage or Personal Injury
Now, if you receive an accusation of fleeing and eluding and causing damage to someone else’s property or personal injury. Then they will charge you with a felony of the first degree. This is punishable by a prison term of up to thirty years and a $10,000 fine.
Causing Serious Bodily Harm or Death
The penalties for this offense are much harsher as it is classified as a first-degree felony. It is punishable by a prison term of up to 30 years and a $10,000 fine. If the victim suffers permanent disability or disfigurement, the penalties increase to up to life in prison.
If you receive a conviction of fleeing and eluding, you may also have your driver’s license suspended for up to five years. In addition, your vehicle may be impounded for up to 90 days.
Possible Defenses to Fleeing and Eluding Charges
There are several possible defenses to fleeing and eluding charges. Some of these defenses include the following.
The police officer did not have probable cause to stop your vehicle. Or, you were not given a clear and concise order to stop your vehicle. You did not have the opportunity to safely stop your vehicle.
You were not fleeing or eluding, but rather were trying to comply with the officer’s orders in a safe and reasonable manner. The police officer used excessive force in attempting to stop your vehicle. You were not the driver of the vehicle at the time of the incident.
There is insufficient evidence to prove that you committed the offense beyond a reasonable doubt. You suffer from a mental illness or were under the influence of drugs or alcohol at the time of the incident, which prevented you from understanding the police officer’s orders or acting in a reasonable manner.
You were a victim of entrapment by the police. Mistaken identity, lack of knowledge (the defendant didn’t know the officer was trying to pull them over), or there was a medical emergency.
Mandatory Adjudication of Guilt for Fleeing or Eluding
This means that you receive a conviction and will have a criminal record. A conviction for fleeing or eluding can have significant consequences, including jail time, a loss of driving privileges, and a permanent criminal record.
In Florida, if you receive a conviction of a felony, you must serve a mandatory minimum sentence. This means that you will not be eligible for probation or any other form of early release.
What Is the Prosecutor’s Responsibility?
To convict you of fleeing or eluding, the prosecutor must prove that you willfully and knowingly violated the law. The prosecutor must also prove that you had the opportunity to stop your vehicle in a safe and reasonable manner, but failed to do so.
If the prosecutor cannot prove these elements beyond a reasonable doubt, then you cannot receive a conviction of fleeing or eluding. To receive a conviction of fleeing or eluding, the prosecutor must prove the following elements beyond a reasonable doubt:
- You were driving a vehicle
- A law enforcement officer gave you a visual or audible signal to stop your vehicle
- You willfully failed or refused to stop your vehicle in compliance with the signal
The prosecutor does not have to prove that you intended to flee or elude the police officer.
Criminal Defense Attorney
If you face a fleeing and eluding charge, hire an experienced criminal defense attorney. Because they can review the facts of your case and develop a strong defense. Plus, an experienced attorney will also be able to negotiate with prosecutors for a reduced sentence or dismissal of charges.
The penalties for fleeing and eluding are severe and can have a lasting impact on your life. Do not face these charges alone. An experienced criminal defense attorney will fight for you. Consult with us today.
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.
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What Is the Difference Between Careless and Reckless Driving in Florida?
Did you know that Florida hit-and-run crashes went up by 17% in 2021?
Reckless driving in Florida is an increasing problem. A car accident in Florida is already a big financial burden to shoulder, but it could be a lot worse. A reckless driver could jeopardize your life and your property.
Reckless driving and careless driving in Florida might seem like the same thing. But both have a unique classification under the law. It pays to know the difference for your case.
In this guide, we’ll discuss the Florida driving laws on careless and reckless driving. Keep reading for more details.
What Is Careless Driving in Florida?
According to § 316.1925, careless driving is to do the following:
- Not drive in a prudent and careful manner
- Display no regard for different aspects of driving such as lane width or traffic density
- Endanger human life or property as a result of this careless behavior
To put it simply, careless driving in Florida is when you’re not making an effort to drive well. You show disregard for traffic laws or drive in a way that threatens cars and their occupants.
However, a careless driver is not someone who does so with the intention to hard. A careless driver disregards the law out of a lack of concern. They don’t wish for others to suffer as a result of their actions.
Often, a careless driving ticket will happen as a result of a car accident in Florida. However, you should drive carefully as this can happen without any crash.
Examples of Careless Driving
Careless driving is a “catch-all” that police officers may use for many traffic violations. This can happen if you rear-end someone, or fail to yield when the signs are clear. In some cases, they may charge you with careless driving if you are distracted.
Here are a few more examples of careless driving:
- Making a sudden lane change without a blinker
- Tailgating the cars in front of you
- Speeding
- Not making an effort to obey traffic signs
- Passing a driver in an unsafe manner
Consequences of Careless Driving
Careless driving is a type of moving violation. The result will be heavy fines. In most cases, you will receive points on your license.
Depending on the severity, this could lead to license suspension. This may cause your insurance company to hike up your premiums. Whatever the case, it’s well worth the effort to be a good driver and pay attention.
What Is Reckless Driving in Florida?
According to § 316.192, reckless driving is a matter of intention. Unlike careless driving, this isn’t an issue of lackadaisical concern while behind the wheel. If you are “willful or wanton” in your disregard, then you risk a reckless driving charge.
Careless driving is more an example of poor behavior, without seeking to harm or cause damage. Reckless driving is where this harm and damage happens on purpose.
You are a reckless driver if you drive in a dangerous way while knowing the consequences. You are indifferent to these consequences, whether they be harmful to life or property.
Examples of Reckless Driving
The law for reckless driving is a general law that applies to any sort of driving with that wanton disregard. However, it also outlines a few specific crimes:
- Trying to flee or evade a pursuing police officer
- Illegal street racing, such as drag racing
- Traveling at speeds well above the speed limit and weaving through traffic while doing so
- Driving 20 mph or more above the speed limit in the area
These are just a few examples of what might constitute reckless driving. You might suffer a reckless driving charge if you speed through a pedestrian crosswalk or ride up on the sidewalk. Attempting to run someone over may include a reckless driving charge.
This charge can apply to a Florida car crash as well. Being intoxicated over the legal limit will only make the repercussions worse.
Consequences of Reckless Driving
A big difference between careless and reckless driving is that reckless driving is a criminal offense. Careless driving is just a moving violation, which incurs penalties that are far less steep.
The penalties for reckless driving are harsh. For your first offense, the state of Florida could imprison you for up to 90 days. Otherwise, they might fine you between $25-500.
Things get worse for a second offense. The state could imprison you for up to 6 months, twice as long as the first sentence. The fine could be between $50 and $1,000.
That’s not to mention that this could result in license suspension and points on your license. A reckless driving offense could make it very difficult for you to drive again. You may struggle to find insurance that would cover you.
What to Do as a Victim of Careless or Reckless Driving
Being on the road in Florida is getting more dangerous than ever. The increase in hit-and-run incidents is just one piece of evidence that you need to keep up your guard. Unfortunately, a Florida car crash is something you may not be able to avoid.
A car accident in Florida can be a devastating thing. And when the accident involves a careless or reckless driver, the damage could be catastrophic. You may suffer an injury and require a lawyer to fight your case.
In the event a driver threatens your life, you should contact a professional. Penalties are high for both careless and reckless driving. There’s a good chance a lawyer can get you the compensation you deserve.
Further, you’ll feel the satisfaction of taking a terrible driver off the streets. A reckless driver that’s in prison is one that cannot harm anyone else.
TAMPA Criminal Defense Lawyers
Reckless driving in Florida is a criminal offense. However, it differs from a similar careless driving law. Reckless driving is about intent to do harm, so it pays to know the difference in the event of an accident.
Looking for representation after a crash? You’ve come to the right place. Contact RHINO Lawyers and get a free case review.
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.
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What Happens If I Am Arrested For A DUI While On Probation?
DUI. It stands for driving under the influence and it is a major issue in American society.
About 1.5 million Americans are arrested for driving under the influence every year. Some of these people turn into repeat offenders and face even steeper penalties for it.
One thing that could make getting a DUI worse for somebody is if they were already on probation. This means they were convicted of this crime in the past or something similar to it.
If that is the case with you, you could be looking at additional penalties. Or even enforcement of older penalties that were held off.
So, what type of trouble are you in if you violate probation? What constitutes violating probation?
This is your guide.
What Is Probation?
Before we go into what happens when you violate probation, you need to understand what probation is.
To put it simply, probation is the list of terms that a judge has for you when you are convicted of a previous crime to avoid further consequences and penalties for that crime.
This is typically a condition when you are convicted of a DUI. In most cases, it can help prevent you from serving any jail time for that DUI.
General conditions of probation can include not getting arrested for suspicion of DUI again during the probation, checking in with your probation officer once a month, random alcohol testing in more serious cases, going to an alcohol treatment program, and more.
The agreement generally is to follow all of the terms of the probation and then your old conviction can be put to rest.
DUI Penalties
Next, you should be aware of what the general DUI penalties are in Florida. This usually depends on the nature of the offense and how many times you have been convicted of a DUI before.
Generally, if there was a minor in the car or your blood alcohol level (BAC) was .15 or more, there will be additional penalties. For context, the legal BAC limit in Florida and in most states is anything below .08.
According to Florida Statutes, your first DUI offense can result in a fine ranging from $500-1,000 and a maximum jail sentence of six months. For your second DUI offense, the fine range increases to $1,000-2,000 and the maximum jail sentence increases to nine months.
A third DUI conviction is slightly more complicated. This is because Florida has different penalties depending on the timing of it. If you have a third DUI conviction within 10 years of a previous conviction, it is considered a third-degree felony.
When you commit a third-degree felony, the jail sentence for it in Florida is five years. For context, this is the same penalty as getting a fourth DUI conviction or higher in any time period.
If a third DUI conviction happens more than 10 years after the previous one, then the fine range is $2,000-5,000 and up to a year in jail.
There is also a mandatory ignition interlock device placement at your expense for repeat offenders. For your second DUI, this stays on your vehicle for at least one year. For a third DUI conviction, it stays on your vehicle for two years.
DUI on Probation
So, now that you know about the typical DUI penalties and the typical terms of probation, we can talk about what happens if those two worlds collide.
Well, the first thing that you usually have to do if you get arrested for a DUI on probation is to let your parole officer know about it. Generally, this is a condition of your probation. But, if they find out about it before you tell them, there can be additional consequences.
After that, you are likely going to have to appear in court. You will have to do so not only for your DUI offense but also for violating your probation.
The consequences of your probation depend on who your judge is, how serious your offense was, and even if you are a repeat offender. If you show remorse and your past crime was less severe, there is a chance that you could be let off with a warning for your probation offense.
However, if a judge finds your violation to be more serious, you risk having to serve the jail time that you initially avoided because of your probation.
For example, let’s say that you were on probation for a previous DUI. That one was your first DUI and it had a maximum jail sentence of six months.
Then, you get arrested for an additional DUI while you were serving that probation.
In this situation, there is a chance that a judge does not look kindly at you. A judge can make you serve those six months in jail that you did not have to do before. On top of that, you could serve an additional nine months in jail for committing a second DUI.
Be aware of the risk of initial penalty enforcement for probation violations.
Hire a Criminal Defense Lawyer
When it comes to having a violation while on probation, you are likely looking at more serious consequences from a courtroom. For this reason, you need to seek legal representation. So that you can defend yourself and get your potential penalties down to a minimum.
Having a criminal defense lawyer can help you with legal strategy and negotiation. And possibly save you from even more severe penalties.
Are you ready to get started? Get a free case review and a free video consultation with RHINO Lawyers today.
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.
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What Happens If I Get a DUI in Another State?
Whether you’re traveling on business or you’re enjoying a long-awaited vacation, there may be no worse time to get a DUI than when you’re out of state.
The complex legal fallout after your offense can quickly turn your trip into a nightmare, especially when it grows harder to figure out your next steps. Are you dealing with the laws in your home state or the state you were traveling in? Where do you attend your court dates, and what happens to your license when you get home?
These serious alcohol-related incidents can be hard to navigate. While it’s always best to work with a criminal lawyer for these types of offenses, it’s also a good idea to know what to expect. Read on to learn more.
Communication Between States
Before we dive into the nuances of getting a DUI in another state, it’s important to understand that all states communicate information about driving records.
Most states do this via the Driver License Compact (DLC). Through this agreement, all U.S. states except Wisconsin and Massachusetts exchange information about driving violations. Even the states that are not members of the DLC may still share information with other states or take action against you.
Many states, including Florida, also use the newer Nonresident Violator Compact (NVC) to track and process driving violations across state borders.
Under these agreements, states must recognize the validity of other states’ driver’s licenses. States must also penalize drivers for moving violations that took place in another state.
In other words, just because you’re driving under the influence in another state doesn’t mean you’ll be free from repercussions in your home state. In fact, getting a DUI in another state can often be more complicated than simply getting one in your home state. Because you’ll be dealing with legal red tape from two states instead of one, it’s best practice to consult with an experienced criminal attorney as soon as possible.
Criminal Charges
If the arresting state has charged you with a DUI offense, you can plead guilty, not guilty, or no contest. You’ll have to appear in court to make your case.
Note that when you’ve violated the traffic laws in another state, you’ll usually have to return to the state in question for court dates.
For many people, this can be time-consuming and expensive. However, if you fail to show up in court, it will be difficult or even impossible for you to beat the charges against you. A judge may even issue a warrant if you don’t appear for your court date.
Depending on the violation, state, and legal proceedings, there may be another option. An attorney can sometimes act as your surrogate in certain cases with misdemeanor DUI charges. This allows them to travel and attend your court dates on your behalf.
License Suspension
Each state has its own laws regarding DUIs, but you’ll often face a possible license suspension. This is especially likely if your blood-alcohol content (BAC) was over the state’s legal limit, or if you refused to submit to a breathalyzer test.
Once the state’s DMV receives the information about your arrest, you will receive a temporary suspension. In most areas, you’ll have a limited period of time in which you can appeal your suspension. If you don’t request a hearing, or if you request a hearing but miss it, the state will uphold your suspension.
After this happens, the state will share this information with your home state. What happens next varies according to your home state’s membership in the DLC and NVC.
Florida suspends the license of drivers with first-time DUI offenses for six months. However, if you were driving intoxicated elsewhere, Florida will always uphold a suspension period equal to that of the state where you got the DUI. In other words, if you received a DUI in a state where the penalty carries a minimum suspension of one year, Florida will extend its suspension to one year as well.
Note that there are some states in which a first DUI doesn’t result in a license suspension. If you get a DUI in one of these states, Florida won’t impose a reciprocal license suspension.
Additional Penalties
Again, the details of any penalties you may face for an out-of-state DUI will vary by state. They will also vary according to the severity of the offense, your driving record and prior offenses, and your criminal background.
In addition to a suspended license, you may face penalties like fines, jail time, or probation. You may have to complete a DUI or driving course, or the authorities may install an ignition interlock device (IID) in your car.
If you fail to follow through with these court penalties—such as missing classes for a DUI course or failing to pay fines—the state of Florida may lengthen your license suspension.
All suspensions appear in the National Driver Register (NDR). This database includes information about past driving convictions. If you seek a license in another state in the future, the state may refuse to issue one if the NDR shows a past conviction.
Last, but not least, your future car insurance will often be higher if you have a DUI charge on your record.
Get Professional Help If You Get a DUI Out of State
As you can see, the complex penalties, fines, charges, and legal red tape associated with an out-of-state DUI can be a nightmare. Dealing with the laws of two states is often confusing and difficult for drivers with no legal experience. Worse, the stakes for losing a case can feel impossibly high.
Don’t fight these charges alone! If you get a DUI out of state, you need a knowledgeable legal team with experience in DUI law on your side.
Our team of attorneys has years of experience with the legal system in Florida and beyond. Get a free instant case evaluation to learn what we can do for you.
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.
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I Received a Traffic Ticket – How Can I Avoid the Points?
Here in the US, 9.18% of drivers have a speeding ticket on record. While speeding tickets are the most common moving violation, you may have received a traffic ticket for many reasons. In any case, one of your first thoughts was likely the points on your driving record.
After all, you certainly don’t want to lose your license.
The good news is that you might be able to avoid the points. The first step after getting a traffic ticket should be to learn more about your options and contact a lawyer who focuses on this area.
Here’s what you need to do to avoid points according to the Florida legal system.
Florida Laws Regarding a Traffic Ticket
When it comes to Florida traffic laws, there are two basic types of citations: moving and non-moving violations.
Non-moving violations occur when the vehicle is parked or not moving. Examples include parking violations or expired plates.
Moving violations occur when a driver doesn’t follow traffic laws while the vehicle is in motion. Speeding tickets, texting while driving, and running a red light all fall into this category.
As we mentioned earlier, speeding tickets are the most common moving violation. While many people may associate speeding tickets with driving too fast on the highway, it’s also easy to get pulled over for neglecting to slow down in school zones, construction areas, and residential neighborhoods.
Another type of moving violation is running a red light. A common practice that gets many drivers in trouble is trying to beat a yellow light rather than slowing down, resulting in running a red light.
Tailgating or following too closely to the vehicle in front of you is also a reason you may get a ticket.
Whatever the reason, Florida uses a point system to track traffic violations.
The Point System
Points get assigned when you get a ticket for a moving violation. If you accrue too many points during a set period, your driver’s license can be suspended or even revoked.
Florida law states that:
- A total of 12 points within 12 months – suspension of 30 days
- A total of 18 points within 18 months – suspension of 3 months
- A total of 24 points within 36 months – suspension of 1 year
Drivers that commit 15 violations that result in points or three major offenses within five years may have their license revoked.
The number of points assigned as a penalty can vary depending on the severity of the offense. However, these are some common examples:
- Speeding – 3 points
- Careless driving – 3 points
- Too fast for conditions – 3 points
- Failure to stop at a red signal – 3 points
- Reckless driving – 4 points
- Failure to obey traffic control signals – 4 points
There are more citations as well. You can learn about them in Florida’s Department of Highway Safety and Motor Vehicles citation manual.
A loss of driving privileges can be daunting, and you may not have a firm understanding of all Florida traffic laws. That’s why having an experienced lawyer on your side can help you achieve the best outcome and possibly avoid points.
Avoiding Points
So you’ve received a traffic ticket. You may feel it was unjustified. Perhaps you’re worried about your insurance rates going up or how you’re going to pay the fine.
A single traffic ticket can cause car insurance costs to skyrocket by as much as 82%, depending on the violation. For instance, speeding can result in an increase of 23.2% or $341. Driving violations can also affect insurance rates for years after the incident.
There’s also the cost of the ticket itself.
The average cost of a speeding ticket is $150, but the average increase in car insurance rates is $355. One mistake can cost you quite a lot.
You have a few options if you get a ticket. They include:
- Pay the ticket and accept the points
- Fight the ticket in court
- Pay the ticket but avoid points by taking a driver improvement course
Taking a Basic Driver Improvement Course
We’ve all taken driver’s ed courses, but over time, it’s easy to forget all the rules of the road. According to the law, ignorance is no excuse. That said, there are steps you can take to pledge your willingness to become a better driver and essentially drive better in the future.
Taking and completing a Basic Driver Improvement course can keep points off your record. It may also help reduce the cost of your fine and prevent a costly increase in your insurance rate.
You’ll have to pay a fee for the course, but it’s worth it to prevent those points from winding up on your record.
In Flordia, you can’t have tickets removed from a driving record, but taking the course can result in a point reduction. You can take a BDI course once every twelve months. However, you can’t do this more than five times during your lifetime.
The Florida Basic Driver Improvement Course or traffic school takes four hours to complete. It’s approved by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Drivers can even take the course online.
The goal of the course is to increase safe driving habits. Another great benefit is that Florida law prevents insurance companies from raising or canceling a policy if a driver voluntarily takes the BDI course. That alone can save drivers a ton of money.
You Have Options if You Get a Traffic Ticket
If you receive a traffic ticket for any reason, you don’t simply have to pay it and accept the points. Use these tips to avoid getting points on your driving record.
It’s always best to seek the advice of a lawyer in cases such as these. Here at RHINO Lawyers, one of our areas of practice is traffic tickets. That means you can count on us to know how to handle the Florida legal system and fight to get you the best outcome.
Simply because you’ve received a ticket doesn’t mean you’re guilty. Reach out to us for a free case review and to learn about your options.
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.
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