What Happens When a Driver Accepts a Plea Deal for a DUI?
One of the worst things you might think of happening to you is getting a DUI.
Florida has plenty of people that pay the price for this, with over 32,000 people in the state getting arrested for DUI charges last year.
When you think of a DUI, you may think of automatically losing your license or even going to jail.
But, what if there was a way out of that? What if there was a way for you to have lighter charges against you than you might have expected?
A plea deal would be the best way for you to be able to take that option. This is what you need to know if you want to accept a plea deal.
Reducing Charges
In a plea deal, one of the key pieces of the negotiation between the prosecutor and the defendant’s lawyer is the reduction of charges. For a DUI, that can potentially mean avoiding jail time, reducing fines, and reducing the time of your license suspension.
When you accept a plea deal, one thing that might happen is that the penalties for your charges get reduced. An example would be that in Florida, you can be fined up to $1,000 for your first DUI.
Your DUI attorney may get a plea deal for you that reduces that fine to the state minimum of $500.
If you are lucky, other plea deals can allow you to have the DUI charge dropped entirely. One example could be that if there is not sufficient evidence to prove that you had a DUI. Such as a breathalyzer test. Then they may negotiate for you to accept a lesser charge that was piled on such as unsafe driving.
These can be minor changes that end up on your record. But allow you to avoid a bigger criminal offense and more severe penalties from something like a DUI.
Number of Offenses
The number of offenses you have in the past will be a big factor in how much leniency you get with a plea deal. For example, it is highly unlikely that you will go to jail for your first offense for a DUI. You would most likely have more room to negotiate a plea deal in that situation.
Whereas if you are on your fourth offense, there are going to be higher minimum penalties for a DUI. Plus, the judge and prosecutor are going to be tougher on you. Because you keep coming back into their courtroom for the same charge.
Another example of this is the license suspension length. For a first offense, you may be able to get your months of suspension down to the minimum. But, on your fourth offense, it jumps up to a permanent license suspension with you not being eligible for hardship reinstatement for five years.
So, do not expect to get as easy of a plea deal if you have more priors. The stronger the evidence and the case are for the prosecutor, the less negotiation room you have for your case.
Judge Can Reject It
When it comes to plea deals, they are generally made between a DUI lawyer and a prosecutor. What that means is even if an agreement is made between those two people, a judge has to sign off on it.
If the judge does not like what they are seeing on paper or feels that your punishment is too lenient. Then they have the power to reject the plea deal. They must declare this before you enter your plea. But nevertheless, that type of decision could impact whether you would want to plea guilty.
Say you get your fourth DUI and there is a negotiation going on between an attorney and the prosecutor over how much jail time you will serve. Those two may agree to give you 90 days in jail, which is just 60 days over the minimum amount required.
However, the maximum amount that you can give in this situation is five years, so a judge in this situation may feel like you are getting off easy by only having to serve 90 days. In that situation, they would reject your plea deal and demand that there be a longer jail sentence on your plea.
Avoiding Trial
One of the best reasons to take a plea deal is to avoid trial. For a DUI, you would have to be strongly confident that you are completely innocent of the charges that are against you.
Not going to trial allows you to avoid the possibility of facing even more severe penalties. And more severe charges on your record. On top of that, it can also save you a lot of money in attorney fees.
If you were to go to trial, you would have to pay your attorney more money for more hours of their time in a courtroom defending you. This is not always necessary. So in the case of a DUI, the majority of the time it is beneficial for you to take the deal to avoid this financial burden.
Hire a Lawyer to Get a Plea Deal
The best thing to have in your back pocket to get a plea deal is an experienced lawyer with DUI cases. Our representation can not only save you time but potentially save you money. As well as, your privilege to drive, and even your freedom.
Are you a loved one looking for representation to try to get a deal for your DUI charge? Contact us today to learn more about what steps to take.
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 Traffic Violations Are Considered Criminal Offenses?
Whether it’s a traffic issue or any other part of life, we all want to keep our noses clean and stay out of trouble with the law. But if you see the flash of blue lights in your rearview mirror, you might wonder if you’ve committed a criminal offense.
There is a difference between going a few miles over the speed limit and committing a serious traffic violation. We’re going to shine a light on exactly what traffic violations are actually crimes.
Read on to find out what traffic violations are actually criminal offenses.
Traffic Violations: What’s the Law?
A traffic violation is any unlawful activity that occurs while you are operating a motor vehicle. Generally, each state has its own laws for this, so there are no federal traffic crimes as such. Federal agents do not usually have the authority to issue traffic tickets but can call the police to do so.
Many states categorize traffic violations in three ways:
- civil infractions
- misdemeanors
- felonies
It’s important to note that the police will take other factors into account when classifying the offense. This includes your prior convictions and the level of damage to people or property.
Traffic Infraction
A traffic infraction can also be known as a violation or a civil infraction. Although the action is against the law, it is not a crime.
This could include:
- failing to stop at a stop sign
- failing to signal
- not wearing a seat belt
- speeding (usually 5-10mph over the limit)
- red light violations
So rest assured, if you got a couple of speeding tickets for going 5 miles over the limit, you are not a criminal. You have not committed traffic crimes. You will almost certainly however get demerit points on your license and a fine.
Traffic infractions are often broken down into two further groups – moving and nonmoving violations. Moving violations are usually the more serious as there is greater risk involved.
Criminal Traffic Offenses: Misdemeanors and Felonies
Infractions are not punishable by jail time. A traffic offense that is punishable by imprisonment is usually considered to be a criminal offense. There are two types of criminal offenses – misdemeanor and felony.
As the name suggests, a traffic misdemeanor is a violation of traffic law. Many offenses can be either misdemeanors or felonies. The difference is usually the risk of harm to others that the violation causes.
For example, an infraction like speeding may become a misdemeanor. This happens in certain states if the driver exceeds the speed limit by an excessive amount. Serious speeding can be a traffic felony. In this case, it could become reckless driving.
Examples of traffic violations that are misdemeanors include:
- DUI – driving under the influence of drugs or alcohol
- driving while suspended
- hit-and-run
- vehicular homicide
- reckless driving
- expired registration
Some of these could become traffic felonies if certain aggravating factors are present. These include:
- being a repeat offender
- causing damage to property or people
- causing death
Repeat offenders face stiffer penalties in all states for the same offenses.
What Is a Habitual Traffic Offender?
Many states charge repeat offenders as habitual traffic offenders (HTOs). Each state has its own criteria for what qualifies as such. If you receive a certain number of convictions within a set period, you can face losing your license, hefty fines, and jail time.
If this is likely to happen to you, take legal advice. Get on board with driver improvement programs to get as far away from this as possible.
How States Handle Traffic Violations
For example, in the State of New York, a first DUI (known as a DWI – driving while intoxicated) may be a misdemeanor or a felony. This depends on aggravating factors. For your first offense, you could face a mandatory fine of $1,000-$2,500 and a maximum of 1 year in jail.
If you face a second aggravated DWI, you could face a mandatory fine of $1,000-$5,000 and up to 4 years in jail. A third could get you 7 years in jail, and a mandatory fine of up to $10,000.
Other states handle a first DUI differently. They may impose a fine, and send you to mandatory alcohol addiction classes. However, other states have a zero-tolerance approach to driving while under the influence.
Each state will have its own way of classifying and handling traffic violations. The one thing they all have in common? Obey traffic laws, drive carefully, and you’ll never have anything to worry about.
How Traffic Violations Are Handled
The majority of minor traffic infractions result in a ticket from a police officer on the spot. But if you are charged with one of the major traffic violations we have discussed, the process is different.
Depending on this situation, the officer may arrest you. After charging you at the station, you will then appear in court to face the charges against you.
If you ever get into a car accident, whatever has happened, do not leave the scene. This in itself can become a serious traffic crime.
Appearing in Court
Whenever you receive a traffic ticket, you will be summoned to appear in court. Usually, you will have to pay a fine.
In more serious misdemeanor and felony cases, you may be facing a heavy fine, suspended license, probation, and possibly jail time. You will also now have a criminal record, which can affect your future job prospects.
You will need to hire a lawyer with proven experience in this type of case. An experienced lawyer can argue your case and help to get possible fines reduced or jail terms reduced to probation.
Without proper legal support, you are more likely to face severe consequences.
Traffic Violations? Find the Right Lawyer
Facing court for traffic violations is a scary business. If you ever find yourself in that situation, you need a crack legal team on your side to fight your case.
At RHINO Lawyers, your case is our passion. We focus on auto accident law. We will fight to get the best possible outcome for your individual situation.
Contact us today for 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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Should You Hire a Lawyer to Help Fight Your Traffic Ticket?
Getting a traffic ticket is not a delightful experience at all. But after getting one, there is no going back. You must take the bull by the horns.
While many people pay the ticket and move on, you may want to hire a lawyer to help contest and fight your traffic ticket.
Do you know more than 41 million drivers get a speeding ticket annually in the US? While getting a traffic ticket is not a felony or misdemeanor, it can have some serious and far-reaching consequences. For instance, you may have to pay hefty fines, temporarily lose your license, or shoot up your insurance cost.
Do you feel upset and stressed after getting a traffic ticket that you didn’t deserve? A reputable traffic ticket lawyer is invaluable to get the ticket dismissed.
But, do you know not every attorney can help? Yes, every ticket defense attorney is unique, and finding the most suitable one for you is imperative. The wrong choice will only add salt to the injury.
Maybe you are wondering if you really need an attorney in your sitch. Keep reading to know the reasons to hire a traffic ticket attorney.
They Know How to Get You Out of It
A well-established attorney has already dealt with multiple traffic ticket cases and knows the right way to get their clients out of it.
A lawyer can easily find a mistake in the traffic ticket or know how to prove that you didn’t commit any traffic offense. If they find a mistake or error on the ticket, then be sure the ticket will be dismissed.
However, if you are fighting alone to have the ticket dismissed, you can miss such errors. Also, you don’t know the right steps to navigate through the process. This means you may end up wasting your time and finally pay for the ticket.
To be assured you can get out of the ticket, finding an experienced attorney is necessary.
Traffic Attorney Knows Your Rights
Do you know the rights and privileges you have as a driver in your state? Well, a lawyer is adept in traffic laws and can easily manipulate this to get your ticket reduced or dismissed.
An experienced attorney also knows how to represent you before a judge and fight for your rights. You will have peace of mind knowing an attorney with a full understanding of the law represents your best interests.
They Are Less Expensive Than You Think
Most people think of paying boatloads of money when they hear of hiring an attorney. It might be true in some cases, but not when fighting for a traffic ticket. A traffic attorney is not too expensive for you; if they were, they wouldn’t exist.
The main intent of hiring an attorney is to have your traffic dismissed or reduced, right? Then why would you hire an attorney whose fees are higher than the fines on the ticket? Most of these attorneys charge reasonable and affordable rates for their clients.
Remember, handling a ticket will take the lawyer much less time than when handling a felony. This implies that an attorney can handle multiple cases simultaneously and doesn’t have to be expensive.
You don’t have to break the bank while hiring an attorney to fight your traffic ticket; find one today.
They Can Get Your Traffic Ticket Reduced
Let’s be honest. What if you deserved the ticket, but you are charged hefty fines? Do you still have to pay them?
While you have to take responsibility for the traffic offense, you don’t have to pay the entire fine. A trusted traffic attorney can help you to get the ticket reduced.
A good lawyer has pro skills in negotiating on behalf of their clients to reduce the fines drastically. They have in-depth knowledge in the matter and know what to use to convince the judge to reduce the fines. Can you achieve this on your own without any legal background in traffic offenses?
Regardless of your situation, the best traffic lawyers can help you out.
Experience Lawyers Intimidate Prosecutors
You’ve probably heard of the saying, “when the big brothers show up, bullies calm down.” That is what happens when you hire an experienced traffic ticket lawyer to represent you.
When representing yourself, the prosecutor is not scared at all. Furthermore, they already know you can’t push so hard and will push you to the wall or make you accept the charges. Representing yourself is likely to get you severe penalties or pay higher fines.
When a reputable traffic lawyer represents you, the prosecutor knows they can’t bully you. The lawyer has worked with them already and knows the tips and tricks to have the traffic ticket stand. The attorney can easily help you pay reduced fines or, better, walk away scot-free.
Traffic Attorney Will Represent You in Trial
If you are going to contest your traffic ticket, you will need to appear in court at least twice. However, with the right attorney, you don’t have to go to court at all. You won’t have to cancel all your schedules to appear in court since your attorney will do that on your behalf.
They have spent numerous hours in the courtroom and possess extensive knowledge of what to focus on during the trial. You will thus carry on with your daily activities and have a professional take care of your traffic ticket.
Hire a Lawyer to Fight Your Traffic Ticket
Getting a traffic ticket doesn’t imply that you are bound to pay. A skilled traffic lawyer can get the ticket reduced or dismissed altogether. While you may think you are guilty, having your ticket reduced or dismissed won’t hurt.
Above are some of the reasons to hire a traffic lawyer.
Are you looking for a traffic lawyer in Florida? At RHINO Lawyers, we’ve got you covered. We are committed to forming a lasting relationship with every client, and with our years of experience, we can help you get a favorable legal outcome.
Contact us today for a free 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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Received a Traffic Ticket? What You Need to Do Right Now
Have you recently received a traffic ticket and are unsure of how to proceed? Do you want to see if there is a way to avoid the points that will be added to your driver’s license? If so, then you need to learn all that you can about getting help with a traffic ticket.
Doing so can help you minimize the damage. Rather than adding points to your license, you can hire a Florida traffic ticket defense attorney. They can help you avoid the court date and points.
See below for an in-depth guide on what you should do after you’ve received a traffic ticket for speeding. Or any other violation.
1. Be Respectful and Cooperative
Whenever you’re pulled over by a law enforcement official, the single worst thing that you can do is show an attitude or be intentionally uncooperative. Doing so might result in something far worse than a speeding ticket.
Truth be told, those officers are human, just like you. They might take it easy on someone respectful and honest after being pulled over.
Just to clarify, being polite won’t guarantee that you get out of a ticket. Some situations might force their hand, such as catching you going 15 mph over the speed limit. By the way, speeding has been proven to slowly damage your car.
When you’re pulled over, get to the side of the road safely, put your car in park, turn the car off, and then place your hands on the steering wheel. Answer the officer’s questions without pigeonholing yourself or admitting that you were guilty.
Stay as relaxed as possible. If the police officer does hand you a traffic ticket, simply accept it, thank them, and then wait for them to give you the “ok” to drive away.
You’ll still have plenty of time to fight the traffic ticket you were given, but that comes later after you’ve hired an attorney. When on the scene, act respectfully even if you don’t feel that you deserved a speeding ticket. Fighting it will just make matters worse.
2. Know the Typical Process for Traffic Tickets
After you’ve received your traffic ticket, there are two routes that you can choose: either fight the traffic ticket or pay for it. We would strongly advise against doing the latter, but let’s take a look at what you can expect if you did just decide to pay for the ticket.
First, you will be assigned a court date, which the police officer will assign to you when they initially-hand you the traffic ticket. If you’re planning on paying for the ticket, then you won’t have to appear for the court date, just pay the ticket and move on.
There are certain situations in which you will have to appear in court for a traffic ticket, such as if you were accused of reckless driving.
Paying the ticket is essentially admitting guilt to the traffic violation. As a result, you will have points added to your driver’s license. When your car insurance provider finds out, they will raise your car insurance premiums, thus causing you more money month to month.
3. Reach Out to a Trusted Traffic Ticket Defense Attorney
Now that we’ve seen what would happen if you simply rolled over and paid the traffic ticket you were given. Now let’s look at the other end of the spectrum. What if you decided to fight the ticket?
First, you would want to start by finding a trusted traffic ticket defense attorney. Just to clarify, you can reach out to an attorney regardless of whether you feel you were guilty or not.
Upon reaching out to the traffic ticket defense attorney, you’ll be able to relay what happened in as much detail as you can. Once you’re finished, they can offer their services to you and help you make the ticket disappear.
Granted, not all ticket traffic defense lawyers are created equally, so be sure to hire us at RHINO Lawyers. We have a reputation that trumps all others; we’ve helped thousands of drivers dismiss their traffic tickets and vow to do the same for you.
We’re so confident in our abilities that we offer a promise. We’ll get you out of your court date and have no points added to your driver’s license or we’ll give you your money back*.
*Speeding 29+ MPH ineligible. Court costs additional if any.
What If You Don’t Take Either Action?
There are some out there that decide they won’t take either route. They won’t pay the ticket, but they decide not to hire a traffic ticket lawyer either. What would happen if you went down that path?
Nothing good. If you don’t pay your traffic ticket, then the court can take several actions. They can have your driver’s license suspended and they will likely charge you more fines for the tardiness. Plus, they may even issue a warrant out for your arrest.
Make sure to hire a traffic ticket lawyer who can get that ticket dismissed. That way, when insurance providers look at your driving record, it will appear as if nothing ever happened.
Get Help With Traffic Ticket: Hire a Traffic Ticket Defense Lawyer Today
Now that you have seen an in-depth guide on what you need to do after you have received a traffic ticket in the state of Florida. Be sure to use this information to your advantage.
Take the time to read this article for more information on the five strategies you can use to get out of a traffic ticket. To get started, please reach out to us by phone at 844-744-6677. And we will be happy to assist you further.
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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Civil vs. Criminal Traffic Violation: What’s the Difference?
For many of us, our knowledge of the law comes from tv shows and movies. But when you find yourself with a traffic ticket you may be disappointed to find out that there isn’t an actor assigned to play your lawyer. You need real legal representation – and fast.
But what about if it’s a civil traffic violation? How is that different from a criminal traffic violation? And what should you do in each of those situations?
First, take a deep breath. This article will explain everything you need to know about civil and criminal traffic offenses.
Civil vs Criminal Law
Civil law deals with an individual’s private rights. In fact, when a person’s rights are violated they may be involved in a civil court case. Examples of civil cases include:
- Child support/child custody
- Property damage
- Contract dispute
- Class action suits
Criminal law deals with a violation of local, state, or federal law. Thus, criminal law cases go through the criminal court system. Examples of criminal law cases include:
- Drug possession
- Assault
- Murder
- Theft
Generally, if a person is found guilty in a civil case the punishment is less severe than in a criminal case. Now that you understand the basic differences between civil and criminal law, let’s review the differences between a criminal traffic ticket and a civil traffic ticket.
Civil Traffic Violation
A civil traffic violation is usually a minor traffic offense. But, civil traffic violations can lead to a civil traffic ticket and points on your driver’s license. You can read more about the point system for different violations here. Here are a few examples of civil traffic violations:
- An illegal U-turn
- Speeding
- Failing to stop at a stoplight
- Parking violation
You might hear people refer to civil traffic tickets as traffic citations, moving violations, or just traffic tickets. Because a civil traffic violation is more common than a criminal traffic violation.
What to Expect if You Get a Civil Traffic Ticket
So, if you violate certain traffic laws, law enforcement will give you a paper citation. On the citation, you will find instructions on what to do. For some civil traffic violations, you can pay a fine and you do not have to go to court. Even if you do not go to court, you may get points on your driver’s license.
Too many points on your driver’s license can have serious consequences like suspending or losing your license. Driving with a suspended license is a criminal offense.
If you get a civil traffic ticket, you can request an informal hearing to discuss the case. You can also request a formal hearing and hire a defense lawyer to represent you. You may also choose to attend traffic school to remove points from your driver’s license.
Before you pay a fine or go to traffic school, talk to a defense attorney. They may be able to help you with a civil traffic offense.
Criminal Traffic Violation
A criminal traffic violation is more serious than a civil traffic violation. You can get arrested by law enforcement for a criminal traffic violation depending on the situation. Here are a few examples of criminal traffic violations:
- Reckless driving (racing, weaving through traffic, tailgating, etc.)
- Driving under the influence (DUI)
- Driving while intoxicated (DWI)
- Hit and run
- Leaving the scene of an accident
- Habitual traffic offender
- Driving with a suspended/revoked license
The penalty for a criminal traffic violation depends on the severity of the case. A criminal traffic case may result in a fine, license suspension, or jail time. Some criminal traffic violations are misdemeanors and others are felonies.
Felony criminal traffic violations include hit and run, vehicular manslaughter, and third-strike DUIs. Almost all other criminal traffic violations are misdemeanors.
Looking for a defense lawyer in Tampa? Click here to learn more.
What to Expect if You Get a Criminal Traffic Ticket
If you have been charged with a criminal traffic violation, contact a defense attorney right away. Having legal representation will help you get the best possible outcome.
If you get convicted of a criminal traffic offense felony you may face jail time, prison time, probation, traffic school, and fines. You may also have your driver’s license suspended or taken away. Felony offenses may appear on your permanent criminal record. You cannot get a felony removed from your permanent record in Florida.
Many criminal traffic tickets are misdemeanor offenses. This will result in points on your driver’s license. In Florida, if you get 12 points in 12 months you receive a suspended license for one month. If you get 18 points in 18 months you receive a suspended license for 3 months. And if you get 24 points in 36 months you receive a suspended license for one year.
Points on your driver’s license go away after 36 months. Having points on your license will also increase your car insurance premiums, so it’s best to avoid any points at all.
Civil vs Criminal Traffic Violation
Civil traffic violations are not as serious as criminal traffic violations. The proceedings for a criminal traffic case are similar to any other criminal case. The defendant is expected to appear in court with legal representation.
In many instances, the defendant and their criminal defense lawyer will attend a bench trial. A bench trial is a meeting with a judge and no jury. However, if jail time is a possible penalty, the case may have a jury that helps decide the case.
Regardless of whether you’re facing a criminal or civil violation, you should seek advice from a legal representative. You don’t want to pay money or get points on your license if you can avoid it. Learn more about handling traffic tickets here.
Hire RHINO Lawyers
If you have a civil or criminal traffic violation, RHINO Lawyers can help. We will work with you to ensure the best possible outcome for your case.
Our friendly and helpful team can answer all of your questions and walk you through every step of the process. We offer a free video consultation or free case review via email. You can also chat with someone online if you have questions or concerns about your case.
Don’t wait – contact us online or call us at (844) RHINO-77!
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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Important Facts About Florida DUI Cases
Whether we like it or not, we don’t always make the best decisions. In the year 2017 alone, 515 people were killed in drunk driving accidents.
Obviously, drinking and driving is not a safe decision but sometimes we make mistakes. Those mistakes can haunt us for the rest of our lives. Let’s talk about Florida DUI laws, penalties, facts, and what you can do to protect yourself.
Florida DUI Penalties
If you’ve received a DUI, the first penalty will be your arrest and booking. Additionally, they will place you in the so-called “drunk tank”. Along with other folks with similar charges that night. And you will need to post bail for release.
If you are unable to cover the bail, you will either need a bail bondsman to cover the fee. Or you will remain in jail until your court date. Upon your release, you’ll receive dates to your arraignment where you will either plead guilty or not guilty. If you plea guilty or they find found guilty in a trial, there are some consequences.
Keep in mind that in the event of property damage, bodily injury, or death during the offense, these penalties may increase drastically.
1st Offense
For a first offense, you will likely receive a fine of between $500 to $1,000. If your blood-alcohol content (BAC) was found to be higher than 0.15, the fine will be between $1,000 and $2,000.
It is unlikely that you will serve time in prison for a first offense. As long as it was without any property damage or bodily harm. However, you could face up to a maximum of 6 months in prison for the first offense in Florida.
You will also face a license suspension of no less than 6 months to no more than 1 year (minimum 3 years with bodily injury), and you could face other penalties such as community service or be mandated to attend a drunk driving course or certified DUI program.
2nd Offense
For a second conviction, you’ll be facing a minimum fine of between $1,000 and $2,000. And between $2,000 and $4,000 with a BAC of 0.15 or higher.
You will also be facing up to a maximum sentence of 9 months in prison with no additional charges. Plus, if your BAC was above the 0.15 threshold or if there was a minor present in the vehicle, the maximum will be raised to 12 months in prison. But, if this second conviction was within 5 years of a prior conviction, you will face a minimum sentence of 10 days in prison. Which is enough to lose your job!
If your second offense occurred within 5 years of the previous offense, then they will suspend your license for a minimum of 5 years. Although, you will have a chance for hardship reinstatement after 1 year. If it occurs after the 5-year mark, it will be between 6 months and 1-year suspension.
3rd & 4th Offense
For both offenses, you will face a fine of no less than $2,000 and no more than $5,000. The minimum will be $4,000 if there is a minor in the vehicle or your BAC was found to be above 0.15.
For a third conviction, you will face a minimum of 30 days in prison with a maximum of 12 months. It jumps to a maximum of 5 years for a fourth conviction.
For your third offense, you will have a minimum of 10 years license revocation with the eligibility for hardship reinstatement after two years. The fourth offense will result in permanent revocation with a chance for hardship reinstatement after 5 years.
What You Need To Know About DUI Charges In Florida
DUIs are one of the most serious criminal traffic offenses in Florida and you can see that by the penalties listed above.
Florida sees over 40,000 DUI cases every year, and they can ruin your life. If you’re forced to spend even a few days in prison, it could be the difference between keeping your job and losing it.
It will also leave you with a criminal record that will last for your entire lifetime. While most states have a statute of 10 years to keep DUI charges on your record. Florida keeps them for 75 years. This will not only create challenges with future job prospects but it could also increase your penalties for future charges, especially ones associated with driving.
If you drive for a living, commute to work, or need your license in good standing, your job could be ruined. Truck driving is one of the most common jobs in the US. And your CDL will be instantly revoked after a DUI, which ruins your career.
In all the penalties, we didn’t even mention probation. That can cause headaches for years, hurt you on job prospects, and make smaller violations send you to prison.
How To Protect Yourself
If you find yourself facing DUI charges, you need to protect yourself. It’s clear to see how devastating these charges are and how easily they can harm your standing in life.
The best thing you can do is hire an experienced drunk driving lawyer to get you the best help. If they don’t have DUI cases under their belt. They won’t be able to help you the same way an experienced DUI attorney can.
Get Help Today
Drunk driving isn’t safe but we don’t always make the best decisions. Florida DUI laws are strict, and if you don’t take the proper precautions, you could find yourself in a lot of trouble. If you’re fighting a case, don’t do it alone. Contact us today to see how a criminal defense lawyer can help you get the best results for your case!
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 844.329.3491.
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5 Strategies to Get Out of a Traffic Ticket
Approximately 112,000 drivers in America get a traffic ticket each day. So if you’ve been given a ticket, you are not alone.
Not only can tickets damage your driving record, but they can be costly. You may even have to go to traffic court to settle some moving violations.
If you’ve resigned yourself to paying the fee and taking the points, you should know that there are some simple ways to get out of a traffic ticket.
That’s right, several strategies allow you to walk away without paying a fine or losing points. Use any of these methods when you’ve been pulled over to get away scot-free.
1. Use Your Manners
Traffic cops don’t like it when you break out the theatrics and start crying to get out of a ticket. You’re much more likely to get what you want if you are polite and use your manners.
Start by keeping both of your hands on your steering wheel at all times. This keeps the officer from worrying that you are reaching for a weapon. If you need to get something from your bag or glove box, let the officer know first.
You can also engage in a conversation with the police officer. Ask him or her how their day is going and make small talk during the encounter. This humanizes you and can help you get out of the ticket.
Your attitude should be pleasant and helpful. Answer the officer’s questions respectfully and avoid becoming defensive or argumentative.
2. Be Honest
There’s a lot of advice out there telling you to come up with a good excuse when you get pulled over. While you might think yours is unique, chances are that the police officer has heard it before.
This is likely to irritate the cop and when that happens, the chances of getting out the ticket go down dramatically. It’s much better, to be honest, and open about the infraction.
Let the officer know that you recognize the law you broke. This might be speeding, running a red light, or failing to offer the right of way correctly. Whatever it is, acknowledge your mistake and apologize for it.
Cops are lied to every day and they naturally get tired of it. Having an honest interaction is refreshing and could leave you with a warning instead of a ticket.
3. Mistake of Fact
If you can prove that your moving violation was due to something beyond your control, you may be able to get out of the ticket. This is often referred to as a mistake of fact.
It could happen if something is covering a stop sign or if a traffic sign is too faded to see properly. There are many instances when you can rely on a mistake of fact to get out of a ticket.
If this is your defense, try to get pictures of the sign or area on the road so that you have proof that the traffic violation occurred due to circumstances outside your control.
In these instances, your traffic ticket may be thrown out because you made an honest error. However, you can’t use this excuse and then try to come up with a reason later.
You need to have an honest occurrence to make your case with the mistake-of-fact defense.
4. Have an Excuse
This advice comes with a caveat. You should never use false excuses to get out-of-traffic tickets. It may work sometimes, but if you get pulled over and are planning on disputing a traffic ticket in court, your lie may be discovered.
However, if you have a real excuse, don’t be afraid to use it. For example, if you’re pulled over for speeding because you’re racing to pick up your injured child from school, don’t be afraid to let the officer know.
Stay away from excuses that aren’t reasonable. Being late for work, needing to use the bathroom, or trying to get to the store before it closes are excuses that aren’t going to work in your favor.
Irritated cops are more likely to hand out traffic tickets, so don’t use lame excuses to get out of it. Real reasons to break traffic laws may be overlooked, but be realistic about what might actually get you out of the ticket.
5. Show Up in Court
If you are handed a ticket after being pulled over, hope isn’t lost. You can still try to get out of the ticket in court. The most important way to do this is to show up at the appointed time.
A traffic ticket dispute is much more likely to go your way if you appear on time, look professional, and are prepared. Have all of your paperwork together and be ready to make your case.
If you are nervous or uncomfortable doing this on your own and feel that you have a solid case, consider hiring a criminal defense attorney to help you navigate the process.
What Not to Do When Trying to Get Out of a Traffic Ticket
Just as there are many things you should do when you’re trying to escape a traffic ticket, there are some things you shouldn’t do.
As mentioned above, using false excuses is not a good idea. Lying is never advised, as getting caught in the lie certainly won’t help your case.
Avoid making inappropriate jokes. Don’t tell the officer you were speeding because you just robbed the bank, for example.
Never get out of your car during a traffic stop. This is dangerous for you and the officer. Always pull to the right, unless otherwise instructed.
What’s Next?
So you got pulled over and want to get out of a traffic ticket. It’s entirely possible that you could talk your way out of it using any of the tips on this list.
Remember that cops are people, too. Be polite and respectful. They are doing their job and you can make it easier for both of you by doing your part to end the interaction on a positive note.
Contact us today and we’ll help you every step of the way.
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 844.329.3491.
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Criminal Traffic Violations: Why You Need a Proven Lawyer on Your Side
You’re driving down the highway. Flashing lights appear in your rearview mirror. Your heart beats a little faster as you pull over to a safe stop.
Your mind races, recalling the last few minutes of your drive. “Was I speeding?” You think to yourself. Your mind wonders, “Is it a broken tail light? Did I swerve? Why am I being pulled over?”
You’re a little nervous, but you’ve pulled over a few times before. You received some traffic tickets, but nothing serious happened. After all, you’re not a crook. You’re not guilty of criminal traffic violations.
But, is it possible to commit criminal traffic violations unaware? No! That’s preposterous! You’d know if you killed someone with your car or fled the scene of an accident.
That’s true, but those aren’t the only criminal traffic violations. Are you sure you know which moving violations are criminal? Would it help you to learn?
Keep reading. Learn which infractions are criminal. Learn why securing a lawyer for criminal traffic violations is essential.
Criminal Traffic Violations
Criminal traffic violations are not limited to vehicular manslaughter, drunk or reckless driving. There are many less severe offenses considered criminal.
- Driving without a license
- Driving with a suspended license
- Refusing to submit to a breath test
- Fleeing the scene of an accident
- Expired/No car registration
- Using stolen tags
- Unlawful use of an ID card
- Allowing an unlicensed person to drive
If you thought racking up speeding tickets was simply a matter of traffic school and a fine, think again. They will cite you as a habitual traffic offender (HTO), which is a criminal charge. It’s more than a fee and a Saturday in traffic school.
A criminal charge means heftier fines, a suspended license, probation, or jail time. Besides, you now have a criminal record.
Your Criminal Record
If it’s an offense that is victimless, does it matter if it’s on my criminal record? Even something that you think is harmless may affect you down the line.
Applications for jobs or leases on apartments usually inquire about your criminal history. If a criminal charge is on your record, you have to explain yourself.
Imagine you are a hospital administrator. You have two qualified nursing applicants. Equal in every respect except one who has a criminal record. He drove his car into a telephone pole while intoxicated, but no one was hurt.
His criminal record gives you pause to wonder about his reliability? You think: “Will he always be late to work or not show up because he’s too hungover?” “Do I want hungover staff members coming to work?” “Will he drink on the job?”
The other applicant’s criminal background check came back clean. You won’t wonder about her reliability.
Who would you hire? He might be clean and sober for several years. That one blemish raises questions, and you go with the less risky applicant.
It can cost you future opportunities or at least make them more challenging to meet.
Criminal Violations Need Criminal Defense
Civil traffic violations rarely, if ever, need you to go before a judge. The court sends you the ticket with the fine you must pay. You go down to the courthouse and pay the fine. A knock or two to your driving record, an increase of your insurance, and off you go.
Judges deal with criminal violations. It is generally required you make an appearance. You don’t want to make that appearance alone. The judge speaks a language you don’t, called legalese.
You need someone to represent your criminal defense fluent in legalese. You need a traffic lawyer. Your lawyer knows what to do to have your fines lowered or your jail time reduced to probation.
Often for first offenders, the legal defense can argue for reduced consequences. In some instances performing community service keeps a violation off your criminal record.
You’re not at fault if you don’t know you’re committing a crime. An expired driver’s license or expired registration tags are criminal violations. But if you were unaware, you’re not at fault. Most of the time, the court has only the testimony of the police officer as evidence. A good traffic lawyer sorts it out to your benefit.
Criminal traffic violations are usually misdemeanors. It doesn’t diminish the need for legal representation.
Criminal Misdemeanor or Criminal Felony
A victimless misdemeanor can become a criminal felony. If it’s a first-time offense for intoxicated driving, that is a misdemeanor. But, if the drunk driver caused harm or death to somebody, he is charged with a felony.
In vehicular manslaughter cases, defendants face up to fifteen years behind bars and maximum fines of $10,000. Drunk driving is not the only crime of vehicular manslaughter.
Road rage is a crime that involves criminal negligence in an attempt to get even with another driver. Reckless driving is criminal negligence. It displays a disregard for the safety of other people.
Breaking traffic laws that caused someone’s death is also vehicular manslaughter. Turning against a red light or running a stop sign causing death is a felony criminal traffic violation. Even falling asleep at the wheel will slap you with vehicular manslaughter.
The Fool and His Client
Do you think you can represent yourself in a criminal hearing? Have you prepared your brief and opening statements? Did you file your lawsuit on time?
Do you want to be in over your head? No one is well-equipped to be their defense lawyer, not even a lawyer. The old maxim, “A man who is his own lawyer has a fool for a client,” applies here. You want your case heard, not dismissed.
You don’t know the court system as your lawyer does. Did you get hit with criminal traffic violations, or are you unsure? Check out our criminal defense team. Let us help you navigate your way through the legal system.
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 844.329.3491.
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6 Factors to Consider When Hiring a Traffic Ticket Lawyer
One in five Americans has received one or more traffic tickets in the past five years.
Are you facing a fine or perhaps a more serious offense for a traffic ticket? If so, you may wish to consider hiring a traffic ticket attorney who can help you through the process.
Unlike other crimes, you don’t have the right to a traffic ticket lawyer. As such, there are several factors to consider before deciding if a lawyer is the right one for you and your case, as you’ll be paying out of pocket.
In this blog post, we’ll discuss some of the factors to consider before hiring a traffic ticket lawyer.
Read on for more information.
1. Before Hiring a Traffic Ticket Lawyer: Consider the Cost of the Ticket
Depending on how serious your offense is, the cost of the ticket might be less than you would pay a lawyer to fight it in court. For some people, that’s enough to motivate them to decide to pay the ticket instead of fighting it in court.
However, the offense will stay on your record for up to seven years, depending on where you live and the severity of the offense. As such, if it is worth it to you, it may be a better option to hire a lawyer, even if it is more expensive. This may especially be the case if you have several offenses on your record, and another one will lead to further consequences, such as loss or suspension of your license.
2. Ask the Lawyer About Their Experience in Fighting Traffic Tickets
Before you hire a lawyer, you want to choose one with a lot of experience fighting traffic tickets. This is a two-fold question you’ll want to ask when sussing out if the firm or lawyer is right for you.
You’ll want to first ask how many years the firm or particular lawyer has been practicing. While this is a vital number, you’ll also need to know how many cases they have litigated. The higher the number, the better, as this represents more experience than the number of years they’ve been in the game.
The more cases they’ve litigated, especially successfully, is often the key when it comes to hiring a lawyer.
3. How Much Will It Cost?
While attorneys can typically only give you a ballpark figure of how much money you’ll have to pay, it is important to know how much they figure the cost will be. Some attorneys will be able to give you an exact figure.
As we stated above, this figure will often be more than the ticket costs, but it is worth it in some cases. This is especially the case if it is a criminal traffic ticket.
4. How Can the Attorney Help You?
You’ll need to consider what type of outcome you want for your traffic ticket.
If you want your traffic ticket completely dismissed, this is something you’ll likely need a lawyer for. It is challenging for a non-lawyer to represent themselves in court and successfully fight for the full dismissal of a ticket. Hiring an attorney can increase the odds.
Your lawyer can also help you reduce the penalty that comes with a traffic ticket. They may help you reduce the points you’ll accrue on your record or reduce your fine.
They may also help you negotiate alternate arrangements like completing a diversion program to have the points or penalty taken off your record. A diversion program is often traffic school and/or a fine. You’ll be required to plead guilty and then complete traffic school. In some cases, this may also involve a fine.
Once you do this, any points you would have accrued will be taken off your record so that you won’t have to worry about it affecting having your license being taken away or other complications down the road.
5. Reading Online Reviews
Reading online reviews is helpful when it comes to deciding if a lawyer is right for you. You may wish to scan a few reviews on Google or other lawyer review websites to see what experiences people have had with the lawyer. It goes without saying that mostly positive experiences with a law firm are a good sign.
6. Who Will Appear in Court?
Another thing to consider is whether you’d like the lawyer to go to court without you. Often, you won’t have to attend a hearing, and a lawyer will negotiate with the judge without your presence. You can, however, choose to be there if you wish.
In some cases, attorneys may hire other attorneys to do traffic court for them. You may wish to solidify who will be in court for you on the day and find out how much they will know about your case. You don’t want someone who knows very little about it attempting to negotiate on your behalf.
Hiring the Best Lawyer for Your Case
In 2018, there were a little over 9,000 fatalities in car crashes that involved speeding. As such, a traffic ticket isn’t something to take lightly, and neither are its consequences.
Hiring the best traffic ticket lawyer to help you find the most favorable outcome doesn’t have to be difficult. If you know what you’re doing, you’ll be able to shift through them and find the right lawyer who will ensure your case is taken care of properly.
Need help immediately? Contact one of our lawyers now. We’re available 24/7.
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 844.329.3491.
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The Common Types of Traffic Tickets in Florida
Are you confused about Florida traffic tickets? Whether you are a native Floridian or just driving through the Sunshine State, it’s important to know the different kinds of traffic tickets so you can avoid getting pulled over.
We’re going to break down three of the most common traffic citations in Florida, their penalties, and how they will affect your driving record. We’ll also talk about how to fight traffic tickets to get the penalties reduced or overturned.
By the end of this guide, you will be an expert in Florida traffic tickets. Let’s get started.
Florida Traffic Tickets Points System
In Florida, there is a points system that applies to moving traffic violations. Each different type of citation has a point value, and if you accrue too many points, your driver’s license may get suspended or revoked completely.
For instance, if get 12 points over 12 months, your license will get suspended for 30 days. If you get 18 points over 18 months, it will get suspended for three months. Finally, if you get 24 points over 36 months, it will get suspended for a whole year.
Every time you get points for a moving violation, your auto insurance will also go up. In some cases, you can have your points reduced if you take a defensive driving course.
Let’s go over three common kinds of traffic tickets in Florida and the point value for each one.
1. Careless Driving
A number of things fall under careless driving, which is why it is such a common citation. Essentially, careless driving is when you are not driving in a safe and courteous way.
If you are reckless with your turns, lane changes, speed, and anything else that could result in an accident that is your fault, you will likely get a careless driving citation. For instance, if you start swerving to avoid something on the road and crash into another car, you may be issued a careless driving citation.
Unlike reckless driving, careless driving is not a criminal offense. Whether or not you’re charged with careless driving is completely up to the police officer who pulls you over.
Careless driving adds four points to your record, and you may get fined $500. However, you can challenge careless driving citations. A good traffic lawyer can get your penalties lowered or get the entire citation overturned.
To avoid careless driving charges, always drive responsibly and with consideration for others. Don’t swerve, change lanes too fast without signaling, drive over the speed limit, or make reckless turns.
You should also make sure to keep your car well maintained so that a defect doesn’t end up as a careless driving charge.
2. Reckless Driving
Reckless driving is similar to careless driving, but it’s more serious because it’s a criminal offense. Because reckless driving is when you willfully disregard the safety of other people or property.
Fleeing a law enforcement officer when you’re getting pulled over can also get you a reckless driving charge. Other examples of reckless driving include:
- Driving on/over medians and shoulders
- Swerving or weaving between lanes
- Excessive speeding
About 25% of drivers charged with reckless driving in Florida are found guilty, so if you get this charge, you can challenge it.
If you are found guilty, you will get four points on your driving record. Depending on whether or not there was property damage or injuries, you will also face other penalties.
Your first reckless driving offense can result in a $25-500 fine and up to 90 days in jail. Your second offense will get you a $50-1000 fine and up to six months in jail. However, if there were injuries or property damage involved, these penalties drastically increase.
Property damage and minor injuries are a first-degree offense, and you may face a $1000 fine and up to a year in jail. If a serious bodily injury occurred, you will be charged with a third-degree offense, and face a $5000 fine and up to five years in prison.
Avoid reckless driving charges by studying the traffic laws in Florida and making sure you abide by them on the road. Never drive in a way that puts yourself or others in danger.
Wet Reckless
Florida drivers can also get charged with a “wet reckless” citation, which is when you are driving recklessly under the influence of alcohol or drugs. This is a lesser charge than a DUI, so sometimes it’s used as a bargaining chip to avoid full DUI charges.
If you get charged with a wet reckless, you will face all the usual reckless driving penalties and have to take a course on driving under the influence. In some cases, you may also have to complete treatment for substance abuse.
3. Running a Stop Sign or Red Light
Failing to stop at a stop sign or red light is one of the most common traffic citations in Florida. The fines and penalties are not as severe as careless or reckless driving, but they can still make an impact on your insurance prices.
You will typically face a fine between $70-200 and have three points added to your driving record. However, red-light camera tickets only include a fine and don’t add points to your record.
You can always challenge a stop sign or red light citation, especially if a stop sign is hard to see. In some cases, you may be able to complete a driving course to have your fine and points reduced.
To avoid these kinds of traffic tickets, always make a complete stop at stop signs and red lights. Never speed through a yellow light, and never turn right on red if there’s a sign that prohibits it.
Fight Traffic Tickets with RHINO Lawyers
At RHINO Lawyers, we work hard to guarantee you won’t have fines or points added to your record for basic traffic tickets. Additionally, if you receive traffic citations that include criminal charges, don’t try to resolve them on your own. You need an experienced defense team to represent you.
Get in touch with RHINO Lawyers today so we can get started on your case.
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 844.329.3491.
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