The post What to Do If You Get Pulled Over for Driving with an Expired Tag appeared first on Florida Ticket Firm.
]]>Most people have so much to do that keeping up with every responsibility can be difficult. That includes remembering to renew your Florida vehicle tags annually.
You probably already know that not registering your vehicle is an offense, but just how serious is driving with an expired tag? Also, what can you do to reduce the charges, and how can Florida Ticket Firm help?
Vehicle registration is beneficial because it is an official record that links a vehicle to its owner. If someone steals your car or if you’re in an accident, the tags can help with the investigation.
Registration can also be a means to certify your residency in the state. Furthermore, the fees you pay for your tags go toward maintaining public roads.
Florida requires all vehicles to have current tags to operate on the road. The expiration date falls on your birthday, so you must renew before then. You should understand that rules for new cars do not apply to driving with expired tags, and there is no grace period or 30-day temporary plate.
For the first six months, driving with an expired registration is merely a traffic infraction, and the police can issue you a citation with a civil penalty. These fees can be relatively low, but this varies by county and can even reach $250.
After six months past the expiration date, driving with an expired tag is still only an infraction if the incident is a first offense. However, the penalty may increase depending on the jurisdiction.
However, law enforcement may charge a person with a second-degree misdemeanor for every additional offense of driving with a tag that expired over six months prior. This is a criminal charge that can end up on a permanent record and could affect employment possibilities or the ability to buy or rent a home. The maximum sentence is 60 days in jail and a $500 fine.
Additionally, the arresting officer may choose to impound your vehicle. This brings additional costs, which vary by municipality. Still, you can expect to pay more the longer your vehicle remains impounded.
If you find yourself in a situation where you’re driving with an expired tag, an officer might pull you over for doing so. The officer might also stop for another reason and realize your tags have expired while handling another matter.
In any case, stay calm and speak respectfully. If you believe there has been a mistake, show the officer documentation of the fact that you registered your tags. For example, you might be able to display confirmation from the online portal or an email receipt.
Bear in mind that officers do not have to accept this as proof, but you might be able to get off with a warning. If you receive a citation because you did not renew your tag, you’ll want to update your registration as soon as possible.
If you’re going to fight a charge of driving with an expired tag, you’ll need a solid defense, likely using one of the following arguments.
A prosecutor or officer could make a mistake that makes the evidence against you invalid. Also, prosecutors often rely solely on the testimony of the police officer without the proper documentation. In these instances, you could make evidentiary objections that move the judge to drop or dismiss charges.
The officer may have requested proof of registration for a cart or other type of vehicle that does not qualify as a motor vehicle in Florida. If you can prove that to the court, it will drop the case.
A rarer defense is that the vehicle was inoperable or you were not operating the vehicle when the officer cited you for an offense. Likewise, an officer might ticket you without proof that you were actually driving the vehicle, which would compromise their case.
If you simply did not have your registration or the document contained an error, you can supply the proof that you registered on time. You might submit a letter with proof of correction before your case, which could result in the dismissal of the ticket before the court date.
When you go to court, you’ll probably face an experienced prosecutor who knows the law much better than you. With a defense lawyer at your side, you can be calmer and more confident, which helps you avoid inadvertent mistakes that harm your case.
Furthermore, an attorney from Florida Ticket Firm can help you determine which laws pertain to your jurisdiction and stay alert for any mistakes or inconsistencies from the prosecution. Our team also has experience in negotiating a reduction of fines and penalties.
Renewing expired tags is fairly straightforward. You can do so at the Florida Department of Motor Vehicles website, which you can access at GoRenew.com. Be ready to supply proof of your Florida auto insurance.
If you have trouble renewing online, you can do so at any Florida DMV office. You can find a list of offices and their hours on the Florida Highway Safety and Motor Vehicles site. Bring your renewal notice, current registration, and payment.
Remember these pointers to avoid unintentionally driving with an expired tag:
Florida also allows you to pay for two years of registration, which can ensure you stay compliant and have to renew less often. Just set a reminder for yourself for that date so you don’t let your tags expire.
If you’re facing charges for driving with an expired tag, Florida Ticket Firm can help. Contact us for a free consultation so we can help you determine the next steps you can take to fight your case.
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]]>The post Is Drag Racing Illegal? appeared first on Florida Ticket Firm.
]]>Drag racing, often referred to as “speed racing,” is an exhilarating activity that involves two vehicles competing to cover a quarter-mile distance in the shortest possible time.
However, when this adrenaline-pumping race takes to public roads, streets, and highways, it transforms from an exciting sport into a dangerous and illegal activity.
In this blog post, we will be covering the aspects of drag racing, or speed racing that make it illegal and the associated penalties. Additionally, we will shed light on the dangers of engaging in such activities on public roads.
In October 2022, the laws in Florida were amped to combat the rise of street-racing accidents on highways.
Section 316.19 outlaws racing on the highways and streets. This includes what is defined as stunt driving. Section 316.19 calls out drag racing, drifting, burnouts, wheelies, donuts, and street takeovers as being illegal and strictly prohibited activities.
The Florida Department of Highway Safety and Motor Vehicles highlights the consequences of First, Second, and Third Violations.
Violating the laws laid out in Section 316.19 can result in criminal charges, typically categorized as misdemeanors, and may entail penalties including jail time, probation, and fines.
If you’re currently facing charges for drag racing and/or speed racing, you as a defendant should immediately obtain an attorney who has the experience in cases such as this to defend you.
The consequences of being charged with drag and/or speed racing lead to not just penalties but can also result to having a criminal record, heavy fines, license suspension, and imprisonment with heavy consequences that impact your current and future employment along with personal relationships including the relationships with your children and family.
Here are some of the key charges you might be up against and how your attorney can defend them:
Speed Contest
Under Section 316.19, a prosecutor needs to prove that the accused drove a motor vehicle on a highway and willfully engaged in a speed contest. A speed contest is defined as a race against another vehicle, a clock, or any other timing device. The statute applies to various types of motor vehicles, including passenger vehicles, motorcycles, buses, commercial vehicles, and truck tractors.
This statute only applies to races that took place on “highways”, not private property.
1. Speed Contest
Under Section 316.19, a prosecutor needs to prove that the accused drove a motor vehicle on a highway and willfully engaged in a speed contest. A speed contest is defined as a race against another vehicle, a clock, or any other timing device. The statute applies to various types of motor vehicles, including passenger vehicles, motorcycles, buses, commercial vehicles, and truck tractors.
This statute only applies to races that took place on “highways”, not private property.
2. Reckless Driving
Reckless driving involves driving a vehicle disregarding the safety of people or property. It includes actions where the driver is aware of the substantial risk posed by their actions but intentionally ignores it.
Speeding can be considered recklessness under certain circumstances, as determined by Florida courts.
3. Other Charges Related To Street Racing
In addition to the charges highlighted above, other acts that are prohibited and tied to street racing include
Street racing, also known as illegal drag racing and/or speed racing, is dangerous to both the participants and bystanders. Here are the Top 4 Ways Drag Racing Is Dangerous:
1. High Speeds
Street racing involves excessively high speeds, making it difficult to react to obstacles or other vehicles, increasing the risk of severe accidents and injuries.
2. Reckless Behavior
Participants engage in reckless driving maneuvers, disregarding traffic laws and putting their lives and others at risk.
3. Impaired Driving
Some participants may be under the influence of alcohol or drugs, further impairing their judgment and reaction times.
4. Spectator Risks
Spectators at street racing events are also at risk of injury or death due to the uncontrollable nature of illegal races.
Drag racing/speed racing is illegal when conducted on public roads, streets, or highways. The potential legal consequences and inherent dangers associated with street racing underscore the importance of adhering to traffic laws and finding safer alternatives to satisfy one’s need for speed.
Street racing is not only against the law but also endangers lives and has far-reaching implications for those involved. It is crucial to prioritize safety and responsible driving to ensure the well-being of all road users.
If your vehicle has been impounded and you’re facing charges for drag racing, you need the right legal team to build your defense.
At Florida Ticket Law Firm, we can help! We’re a 5-star rated law firm that has been serving Florida and surrounding region clients, achieving successful case outcomes. Contact us online or call 844-352-3476.
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]]>The post Effective Strategies for DUI Defense: Tips from Legal Experts appeared first on Florida Ticket Firm.
]]>In the instance of a DUI charge, you don’t want to leave things to the last minute.
A DUI can be a life-altering situation with consequences that impact your mobility both personally and professionally. For example, if you lose your car and license but have a job that requires you to commute, you’re now facing a possible job loss on top of your DUI charges.
It’s essential to know that if you have been arrested for Driving Under the Influence, it doesn’t mean an automatic conviction.
There are ways to defend yourself from these incriminating charges, and in today’s post, we’ll be covering some of the best defense strategies.
This compilation has been put together by our Legal Experts here at Florida Ticket Firm. Before we begin, if you have any questions or you’re in a time-pressed situation, don’t hesitate to contact us at 844-352-3476.
Before we cover our recommended defense strategies, it’s important to discuss the basis of a DUI charge and how it impacts your life on many levels, including financially and physically. It’s critical to get to know the consequences of your DUI charge as they vary from state to state.
In Florida, your first DUI conviction can result in a fine of $500 – $1000 plus up to 6 months in jail. If you have a minor in the car with you and/or your BAC is over 0.15, the fine increases to $1000 – $2000 and up to 9 months in jail (for full details visit: Florida Department of Highway Safety and Motor Vehicles ).
Despite the complexities behind each territory, there are some commonalities, such as:
In Florida, the Blood Alcohol Concentration (BAC) legal limit allowed is 0.08%. If your BAC exceeds this limit while operating a vehicle, you could be facing a Driving Under the Influence charge.
Even if your Blood Alcohol level is below the legal limit, you could still be looking at Driving Under The Influence charges if your driving is visibly impaired from either alcohol or drugs.
To assess a driver’s level of impairment, police will often conduct what is called a Field Sobriety Test (FST). Some physical expectations during these FSTs include: walking in a straight line, balancing on one leg, and touching your finger to your nose repeatedly.
These tests are not always accurate when it comes to impairment indicators, especially if someone has a disability that makes it hard to complete the Field Sobriety Test requirements.
Now that we’ve covered the key components of your DUI charge, we can also help you prepare for your upcoming court date. One of the best ways to get ahead of your DUI is by having the best attorneys on your side. Here are our Top 7 Strategies that work!
The foundation behind your DUI arrest and charge lies within the traffic stop itself. If the police officer cannot prove that he/she stopped you with probable cause, your attorney can challenge the legality of the stop altogether.
In this situation, your charges could be dismissed completely due to a lack of supporting grounds for the traffic stop.
Field Sobriety Tests are prone to errors.
Your attorney can go over the details of your FSTs and point out any errors that could result in your ability to challenge the reliability of the tests that you were put through.
Some factors that you and your attorney could consider include:
Did you know that your mouth alcohol levels can be impacted by burping, belching, or regurgitating?
These factors lead to false high BAC readings.
Discuss with your attorney whether or not proper procedures were followed during your breath testing. Keep in mind that there are rules and regulations that Florida Police must follow, which outline the strict procedures behind blood and breath testing.
If they fail to adhere to these regulations, you and your attorney can challenge the tests and enforce the exclusion of this important and critical step in obtaining evidence against you.
After you’ve been pulled over, your Blood Alcohol Levels can continue to rise.
If your BAC limit was below at the time you were driving, but the police intervened on your route home, it caused your blood levels to rise while you were pulled over. This could be compelling evidence that can help you plead your defense with the judge.
This one is a bit harder to prove, but if successful, your attorney could argue that you were mentally alert and capable of driving even though physically, you were considered impaired to be doing so.
There are physical conditions such as diabetes and high-protein diets that can impact the results of a breathalyzer test.
Your lawyer can use your medical records to challenge your BAC readings.
Were your Miranda Rights read to you BEFORE the police conducted their interrogation? If the answer is no, any self-incriminating statements you made during that time can be challenged in court.
Facing a DUI charge in Florida can have severe consequences, but it’s essential to remember that an arrest doesn’t guarantee a conviction. In this article, we’ve highlighted various effective defense strategies that can be employed with the assistance of an experienced DUI Defense Attorney.
By understanding and implementing these defense strategies, you can proactively protect your future and increase the likelihood of your charges getting dropped or dismissed.
Don’t let a DUI charge define your life. If you start building your DUI defense case now, you’ll increase the likelihood of your charges getting dropped or dismissed later.
Take action now to enhance your chances of dismissal or acquittal. Contact our team at Florida Ticket Firm for a free initial consultation by calling 844-352-3476.
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]]>The post What Evidence Is Needed to Convict a Hit-and-Run in Florida? appeared first on Florida Ticket Firm.
]]>Being in an accident is traumatizing enough, let alone an accident where the offender flees. If you’re the victim of this crime, you must know how to fight for your rights and get justice.
First, you must learn what evidence is needed to convict a hit-and-run in Florida. Keep reading to find out.
A hit-and-run car accident is when a motor vehicle accident results in property damage, bodily injury, or death, and the driver involved leaves the scene of the accident.
Under Florida Statute 316.062, it is illegal to leave the scene of an auto accident without exchanging contact information. If there is an injured person, the law also requires you to help them by providing reasonable assistance.
If you are the victim of a hit-and-run or witness the scene of an accident, immediately contact law enforcement. Time is of the essence to catch the offender.
Disclaimer: Although we will discuss how to prove your hit-and-run case, this article is not formal legal advice. It’s always best to contact a reckless driving lawyer for assistance with your lawsuit.
To convict a Florida motorist of hit and run, you must show the following:
To prove the elements listed above, you should collect the following hit-and-run evidence:
It’s also best to have the offender’s license plate number. Look for witnesses who may have written down the number or security cameras that captured the vehicle on video. Police officers should be able to help you obtain evidence from public cameras.
If you’re unsure how to start collecting evidence or feel overwhelmed with the task, a hit-and-run lawyer can help you.
The state of Florida has several laws that pertain to hit-and-run accidents. Let’s review them for better understanding.
Under Florida law, serious bodily injury involves one of the following circumstances:
Hit-and-run charges vary depending on the severity and circumstances of the accident. Two primary Florida laws detail the penalties for hit-and-run drivers.
Florida Statute 316.061 states that the penalty for a hit-and-run accident that only results in property damage is a second-degree misdemeanor. The punishment is up to 60 days of jail time and a maximum fine of $500. However, the offender must also pay for the victim’s property damages.
If there is an injury or death, the offender is no longer facing a misdemeanor hit and run but a felony hit and run.
Under Florida Statute 316.027, a hit-and-run accident that results in injury is a third-degree felony. It is punishable by a prison sentence of up to five years and a maximum fine of $5,000.
However, an accident that results in serious injury is a second-degree felony. The penalty is imprisonment of up to 15 years and a maximum fine of $10,000.
Additionally, if the hit-and-run offender was driving under the influence, there is a two-year mandatory minimum sentence.
A hit-and-run that results in a fatality is a first-degree felony. There is a mandatory minimum sentence of four years in prison (the same as the compulsory minimum for DUI manslaughter) and a maximum prison sentence of 30 years.
If convicted of a felony hit-and-run, the state will also revoke your driver’s license for at least three years.
Because of the steep penalties, it’s in your best interest to hire a criminal defense lawyer for assistance if you have committed a hit-and-run.
A hit-and-run case can be either a criminal or civil case.
In a criminal case, it’s the responsibility of the state attorney to prove beyond a reasonable doubt that the elements of a hit-and-run accident occurred. It’s also their responsibility to prove that the injuries sustained in the accident were severe. As mentioned, the offender could face lesser charges if the jury finds the injuries weren’t serious.
In a civil case, these responsibilities fall on the plaintiff. But plaintiffs must also prove the elements of negligence.
Regardless of if the state brings criminal charges, the victim may take legal action against the offender.
But if you file a civil suit, you’ll want to hire an accident attorney to ensure you receive a just outcome. Navigating the court system alone can be daunting and stressful.
The compensation you can receive after a hit-and-run depends on the damages from the accident and any additional harm from the underlying fault of the driver fleeing the scene. Typically, you can get compensation for the following:
But we must warn you: insurance companies are a real pain to deal with. Therefore, it’s best to have a personal injury lawyer fight on your behalf to get you the compensation you deserve.
If you ever become a hit-and-run accident victim, don’t do this alone. Let us fight for you! For help with your case, contact us at Florida Ticket Firm for a free consultation with a criminal defense attorney. Our law firm will happily begin working on your case today to get you the justice you deserve.
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]]>The post The Fine for Passing a School Bus in Florida: What Is It? appeared first on Florida Ticket Firm.
]]>Whether eating, texting, applying makeup, or simply reaching for something in the back seat, it’s far too easy to become distracted while driving. And if you don’t carefully pay attention to the road, you could easily blow past a red light, a stop sign, or worse, a Florida school bus.
If you pass a school bus illegally, not only can you get a traffic ticket, but you could also cause injury to children or school bus drivers. Here we’ll discuss the fine for passing a school bus in Florida, so you know just how stiff the penalties can be for this violation.
Florida Statute 316.172 details when motorists must stop for a school bus when the bus is at a designated school bus stop or within a school zone in Florida.
Let’s get into the specifics.
All motorists on a two-way road must stop for a school bus displaying its stop signals. That means drivers going in the same direction as the bus and those driving in the opposite direction must stop.
Those operating motor vehicles on multi-lane roads must also stop when they see a school bus with red lights flashing. Drivers coming from both directions must stop and cannot pass the school bus, even though there may be multiple lanes between them.
If there is a stopped school bus on a divided highway, Florida drivers can continue cautiously moving. Note that this is the only instance when passing a stopped school bus is not a moving violation.
Florida law defines a divided highway as a roadway with an elevated or raised barrier made of concrete between lanes going opposite directions or an unpaved median, such as grass or land, at least five feet wide between lanes going opposite directions.
The law doesn’t consider pavement or paint markings a raised median unless there are five feet of space between the markings.
The Florida fine for passing a school bus depends on which side you passed the school bus on, the left or right side, which side of the street you passed the bus on, and whether you caused an injury.
For example, passing on the right side of the bus is more dangerous because that’s the side where children get on and off the bus. Although passing on the left is still hazardous because kids can dart out from in front of the bus to cross the street, Florida traffic laws state that passing on the right side is more severe.
Below we detail the fines and penalties for the different violations.
The penalties for illegally passing a school bus on the same side of the street or the ride side of the bus are as follows:
Keep in mind these penalties are for a first offense. If a second offense occurs within five years, the state may suspend your driver’s license for up to two years.
The penalties are similar if you illegally pass a school bus on the opposite side of the street or on the left side of the bus. You will still receive points on your record and must attend driving school.
However, the minimum penalty fine is $200, and the maximum sentence is up to six months in jail. If you break this law again within five years, the state could issue a license suspension of up to one year.
According to Florida’s Cameron Mayhew Act, if you caused a serious injury or death because you passed a stopped school bus, you’ll face the following punishments:
Disclaimer: The suggestions below do not constitute formal legal advice. Contact our lawyers for specific advice about your case.
If you get a traffic ticket for passing a school bus, you’ll need to appear in court on the date listed on the citation. The hearing is mandatory, so you may get an even harsher sentence if you fail to show up.
It’s best to hire a lawyer to attend the hearing with you. This way, you’ll fully understand the penalties against you. An experienced attorney can also help minimize the impact of your infraction.
Further, to keep from passing a school bus illegally again, remember the following:
You should also read some school bus safety tips to further understand how to avoid breaking Florida’s school bus rules.
As you can see, the fine for passing a school bus in Florida can be severe, depending on the offense. Hence, hiring a lawyer is the best way to move forward after receiving a ticket for the infraction.
If you live in Tampa or Hollywood, schedule your free consultation now with the Florida Ticket Law Firm. Our attorneys have years of experience handling various traffic violations in Florida and can help you with your case.
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]]>The post Is Drunk Driving a Felony in Florida? appeared first on Florida Ticket Firm.
]]>Although the numbers are decreasing, drinking and driving is still a significant nationwide issue. Regarding individual states, Florida has one of the highest annual rates for alcohol-related traffic fatalities. Therefore, the penalties for driving under the influence are stiff, even for first-time offenders.
But what exactly do the DUI laws in Florida say about the penalties? Is drunk driving a felony in Florida? Read on to find out.
If law enforcement arrests you for a DUI offense that did not result in significant injuries or death, you will typically face a misdemeanor charge. In fact, first and second offenses are usually misdemeanors. Even a third offense may be considered a misdemeanor, depending on the years between the second and third offenses.
However, for both first and second offenses, if your blood alcohol level (BAL) on the breathalyzer is above 0.14%, the penalties will be more consequential than if your breath test result is between 0.08% and 0.14%.
Further, it’s important to note that under Florida Statute 316.193, you can receive a DUI charge even if your blood alcohol content (BAC) is below the legal limit (0.08%). Suppose drugs or alcohol caused the impairment of your normal faculties, like driving, seeing, talking, or walking. In that case, the state can argue you were not in sound condition to operate a motor vehicle.
Now that you understand misdemeanor DUI charges, when is a DUI a felony in Florida? Let’s find out.
There are several instances in which a DUI in Florida is a felony. We explore them below.
Getting a third DUI conviction within ten years of a prior DUI conviction is a felony. However, the penalty will be a misdemeanor if the third DUI is more than ten years after the last conviction.
A fourth DUI offense will be a felony charge, regardless of how long since the last conviction. For example, even if it’s 40 years between the third and fourth conviction, it will be a felony.
If you’re involved in a drunk driving accident that causes serious bodily injury to another driver or passenger, including those in your car, you will face a felony charge. Florida Statute 316.027 defines serious bodily injury as an injury to a person that consists of the following:
The court will also likely make you pay restitution to the victim to cover expenses, such as:
When a DUI causes the death of another person or an unborn child, the charge is DUI manslaughter, which is a felony. Like a DUI that causes serious bodily injury, the offender will likely need to pay restitution and funeral-related expenses to the victim’s family.
The penalties for a felony DUI in Florida are much stricter than for a misdemeanor DUI. A misdemeanor first DUI without “aggravating factors” faces the following penalties:
However, if your BAL is higher than 0.14%, the jail sentence is up to nine months, and the charge can go from a first-degree misdemeanor to a second-degree misdemeanor. For first offenses, the convicted often receive probation and at least 50 hours of community service instead of jail time.
A second DUI offense will result in similar penalties. There is a minimum mandatory ten-day jail sentence. If your BAC is higher than 0.14%, you could face up to one year in jail. The penalty for a third DUI conviction outside of ten years of a prior DUI is also up to one year in jail.
On the other hand, felony DUI charges have very different penalties based on the case’s specific circumstances.
Under Florida Law, receiving a third DUI within ten years, a fourth DUI offense throughout your lifetime, or a DUI involving serious bodily harm are all third-degree felonies. These are punishable by up to five years in prison and a maximum fine of $5,000.
DUI manslaughter is a second-degree felony punishable by a maximum fine of $10,000 and up to 15 years in prison. But in this case, you could also face a first-degree felony if you knew or should have known a crash occurred and didn’t try to help the injured person. The punishment becomes up to 30 years in prison with the same maximum fine of $10,000.
You must hire an experienced DUI lawyer after your DUI arrest. Retaining a drunk driving accident attorney could be the difference between your case being a misdemeanor or a felony.
Plus, many other circumstances can further complicate your DUI case, making it even more imperative to have a defense lawyer to represent you. The law is hard on DUI offenses, so the state will try to prosecute your case with maximum penalties.
Having a car accident lawyer on your side can significantly affect the penalties you face, such as fines, jail or prison time, and license suspension.
All in all, is drunk driving a felony in Florida?
As you can see, sometimes the answer is yes. Regardless of being a first-time offender or dealing with a subsequent DUI charge, it is necessary to have a criminal defense attorney to fight the charge.
So contact us today at the Florida Ticket Law Firm for a free consultation with an expert DUI attorney to discuss your case.
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]]>The post How Much is a Stop Sign Ticket in Florida? appeared first on Florida Ticket Firm.
]]>Be honest. Do you always come to a complete stop when at a stop sign?
We all make mistakes on the road. Maybe you were in a rush and made a rolling stop because you didn’t think anyone else was there, or you completely blew past a stop sign you didn’t see.
Yet, if you fail to stop at a stop sign or red light and law enforcement catches you, you’ll receive a traffic citation. Although this does not always have the most severe consequences, there are penalties for failing to stop at a stop sign.
Florida traffic laws declare that any motor vehicle approaching a stop sign must come to a complete stop at the limit line (the marked line on the ground) before the stop sign. If there isn’t a limit line, the driver should stop at the intersection’s entrance or before the crosswalk marking.
According to Florida Statute 316.123, violating this law is a noncriminal traffic violation. It’s punishable as a moving violation.
If you think receiving a running stop sign ticket is not a big deal, think again. It could lead to significant consequences if it happens repeatedly or when combined with a more severe violation like a DUI or reckless driving.
So, you accidentally ran a stop sign. It happens to the best of us. But now you want to know, “How much is running a stop sign ticket in Florida?” Let us break down the penalties.
Florida Statute 316.123 for vehicles entering a stop or yield sign states that a “violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.” While Chapter 318 can be a little complex to sort out, generally, the stop sign ticket cost in Florida ranges from 50 to 200 dollars. Note that stop sign laws state the price will be higher if you fail to stop at a stop sign in a construction or school zone.
After receiving the ticket, you have 30 days to submit your payment. You can easily pay the ticket online. But if you do so, you’re admitting guilt and will receive points on your record (see below).
Further, you may receive a more costly citation if the police officer issues you a violation of the right-of-way ticket or failure to wear a seatbelt ticket simultaneously.
You must remember that the state of Florida uses the point system. Therefore, the stop sign infraction will also add three points to your driving record.
If you receive 12 points within one year, you’ll face a license suspension of 30 days. You’ll face a three-month suspension if you receive 18 points in 18 months. Finally, receiving 24 points in 36 months results in a one-year suspension.
You can read more about the point system and suspended licenses in Florida Statute 322.27.
Additionally, anytime you receive points on your record, there’s a likelihood that your insurance premiums will go up. If this happens and you cannot afford your new insurance rates, Florida will suspend your driver’s license. This is because Florida law requires all drivers to have liability insurance.
Some drivers qualify to attend driver improvement school after receiving a moving violation. Typically, if you attend traffic school, the state won’t add any points to your record. However, you’ll still need to pay the fine.
Often, when you receive a Florida traffic ticket, it’s your word against the police officer’s word.
Thus, if you believe the officer wrongly issued you a citation, contact a traffic ticket attorney like Florida Ticket Firm for assistance. We know how best to fight your case, and there are several defenses your lawyer may use.
Disclaimer: While these are common defenses, this article intends to be educational and not legal advice. Even if an argument here is valid for your case, it’s best to speak with an experienced lawyer rather than defend yourself.
Common defenses include:
Although it’s the driver’s responsibility to stop at a stop sign regardless of the conditions, the court may offer some leeway in these instances.
For example, if the white limit line faded and the driver stopped too far forward (or back), they still obeyed the law even though they didn’t stop at the correct location. Especially if the driver stopped too far behind the line, the officer may not see that the driver stopped and think they ran the stop sign.
Or if the driver frequents a particular road and the town puts a new stop sign on that road, they may blow through it without even realizing it. In this case, the driver could try to get the charge dismissed by proving the stop sign was recently installed and that they are a frequent driver on that road.
Conversely, hidden stop signs are not the fault of the driver. The city is responsible for ensuring all stop signs are in clear sight. So if a driver didn’t stop because the sign wasn’t clear or hidden, there is no fault to them.
The best outcome for your case depends wholly on its specific circumstances. For instance, if the traffic citation was illegitimate, you could fight to dismiss the ticket in court with the help of a traffic ticket lawyer, as discussed.
However, this is not possible for everyone. Sometimes the best strategy is to reduce the charges or penalties. This can help you save money, but more importantly, it can protect your record from receiving points, thus protecting your driving privileges.
If you’re not careful, stop sign citations can stack up and cause a massive headache. So if you receive an unwarranted ticket, speak up.
Are you a Florida driver who wants to fight a traffic ticket? Then get started with a free consultation from our law firm, Florida Ticket Firm. We have ample experience fighting all types of moving violations. In fact, we’ve contested more than a million tickets! Get in touch with us today to discuss your case.
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]]>The post Driving With an Expired License in Florida: Ticket for an Expired Drivers License (6 Months or Less) – Florida Ticket Firm appeared first on Florida Ticket Firm.
]]>Florida law requires you to have a valid driver’s license to drive in the state. That means if your Florida driver’s license has expired, you’re not legally allowed to drive Florida streets, roads, interstates, or highways. If your Florida driver’s license has expired for six months or less, it constitutes a Florida traffic infraction.
Here’s what you need to know about driving with an expired license in Florida under Statute 322.03.
Driving with an expired license in Florida is illegal and violates state traffic laws. If law enforcement stops you and you don’t have a valid license, the officer will issue you a ticket.
Then, you will receive a notice in the mail stating when to appear in court. It’s imperative you show up to court on the given date. If you fail to appear, you could face further penalties.
If you’re a first-time offender, the arresting officer may give you some leeway, especially if your license only expired a few months ago. In fact, Florida Statute 322.065 states that if your license expires less than four months prior, you’ll face fewer penalties.
However, the standard grace period is six months. Thus, driving with a license that expired within the previous six months is a minor infraction with a $30 fine.
Driving with a license that expired more than six months ago in the state of Florida can lead to a criminal charge. This means that it will go on your driving record and criminal record. The state calls this a criminal traffic violation, which is a second-degree misdemeanor.
The penalties for driving with a license that is more than six months expired are as follows:
The state can also suspend your license, especially if you violate other traffic laws with an expired license or have a history of driving without a valid license. Further, if the state convicts you of driving without a valid license, you’ll likely face increased insurance rates.
Driving with a revoked or suspended license comes with more severe penalties than driving without a valid license. If you receive a DUI and law enforcement discovers you have an expired license, you’ll face even stricter consequences.
Stay on top of your driver’s license renewal to avoid any potential consequences of driving without a valid license. Renewals are typically every eight years. If your license is eligible for renewal, the Florida Department of Motor Vehicles (DMV) will mail you a renewal notice as a reminder no less than 30 days prior to the expiration date.
However, you don’t need to wait for the renewal reminder to arrive in the mail to renew your license. The Florida Highway Safety and Motor Vehicles Department (FLHSMV) states you can renew your driver’s license 18 months before expiration. In addition, ID card holders can renew their IDs 12 months before expiration.
However, you can get a replacement driver’s license or ID card before expiration if the card is lost or stolen or you need to make an update, such as an address or name change.
Most Floridians are eligible to complete the renewal online. Yet, sometimes, the state will require you to renew your license in person. For example, if your current license is not REAL ID-compliant, you cannot renew it online. To renew your license in person, make an appointment with a DMV driver’s license service center.
You need the following documents to renew or get a new license:
Additionally, drivers with a Class E license that has expired for more than one year will also need to retake the knowledge exam and vision test to renew their license.
The renewal fee is $48.00, which doesn’t include any processing or service fees. The late fee assessed is $15.00.
There are several defenses your lawyer can use to get the court to reduce or dismiss the charges against you. Let’s look at some of the most common.
Disclaimer: These defenses are not valid for every case. You should consult a lawyer to discuss your case rather than defend yourself using the information mentioned here.
If you were driving on a roadway that isn’t open to the public, such as a government-personnel-only road, then you may be exempt from needing a valid license.
However, this doesn’t include driving on private property without a valid driver’s license. Driving on personal property with an expired license is still illegal.
Even if you’re just visiting Florida, driving with an expired license is still against the law. However, you’ll likely be in the clear if you have a valid out-of-state or foreign license.
But, if you recently moved to Florida, you only have 30 days to get a new license. You must also register your vehicle within ten days of moving to the state. Fortunately, you can convert a valid out-of-state license to a Florida license with minimal effort.
The state understands if you didn’t have your license on you at the time of the traffic citation. Bring your license to the court clerk, where the charge is pending, before your court date. The court will dismiss the case, but you’ll need to pay a $5 fee for the dismissal.
If the state doesn’t have enough evidence to prove you didn’t have a valid driver’s license at the time of the citation, your lawyer will argue as such. Your attorney will tell you what documents you must show to overcome the state’s lack of evidence.
There are some exceptions to the law to consider. The following people do not need a valid Florida driver’s license:
If law enforcement catches you driving with an expired license, you want to hire an attorney immediately. A lawyer can craft a defense to reduce or dismiss your charges. This will protect your driving record and driving privileges. It will also ensure your criminal record remains clean and you don’t face increased insurance rates.
Florida Ticket Firm and its experienced traffic ticket lawyers can help you deal with a Florida uniform traffic citation for driving with an expired driver’s license that has expired six months or less.
Call Florida Ticket Firm now at 844-352-3476 or fill out our contact form for a free consultation with a traffic citation attorney familiar with Florida driver’s license law and who knows the best way to address a ticket for driving with a Florida driver’s license that has expired for six months or less. Florida Ticket Firm can help you avoid these traffic tickets.
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]]>The post Is a Speeding Ticket a Criminal Offense in Florida? appeared first on Florida Ticket Firm.
]]>With the embarrassment of flashing red lights, thinking about whether this traffic citation is a civil or criminal offense is likely not top of mind.
But is a speeding ticket a criminal offense in Florida? Keep reading to learn more.
Some Floridians are surprised to learn that a misdemeanor traffic citation is considered a criminal traffic violation.
A police officer will give a criminal traffic violation to a driver who does not follow the rules of the road. Although many traffic tickets are misdemeanors, a criminal offense can be a felony.
A hit and run with bodily injury or death is a felony charge. A third DUI offense within a 10-year period is a felony criminal traffic violation.
Bodily injury, death, and repeated offenses will determine if your moving violation is a felony. Depending on the criminal offense, jail time is likely.
Criminal traffic violations are:
If the police cite you for any of the above traffic violations or reckless driving, we can help.
Reckless driving can remain on your driving record for up to 75 years. Our firm has an expert, reckless driving attorney that can answer your questions and represent you in court.
A civil traffic violation is not a criminal offense. A civil infraction can be a non-moving violation or a moving violation with no jail time. Florida law permits points to be added to your driving record because of this infraction.
Most civil traffic citations don’t require a court appearance but a payment of a fine. Traffic school might be an option for you if your driving record is in good standing. Civil traffic violations are:
A Florida judge can suspend your license along with costly penalties. If you do not pay the civil infraction fine within 30 days, a judge can revoke your driving privileges.
Speeding is a civil infraction. It all depends on the speed limit to determine if the civil infraction becomes a criminal offense.
Speeding is a common traffic violation in the state of Florida. Depending on the nature of your speeding ticket, you may not face jail time. Most speeding tickets are worth three points, so be careful.
If you rack up to 18 points within 18 months, the state can suspend your license. So although a civil infraction seems like no big deal, it definitely is.
We understand that time waits for no one, and a speeding ticket can come at the worst possible time. It is important to remember that every case is unique, so don’t rely on your friends or family’s traffic violation experience.
While no lawyer can guarantee a dismissal, having expert legal advice and representation from our speeding ticket lawyers can prevent an annoying insurance rate hike.
Under Florida traffic laws, traveling 30 mph over the speed limit is a criminal offense. However, 30 mph over the speed limit is a misdemeanor. At 50 mph over the speed limit, this criminal offense becomes a felony.
The penalties for speeding in Florida will hit you in the pocket. Depending on the mph over the speed limit, the fine is according to chapter 318 of the Florida statute:
If you’re caught speeding in a school zone, there is an additional $50 fine. Civil fines also double if a law enforcement officer issues a speeding ticket in a construction zone.
Speeding poses a safety risk to you and others on the road. Speeding laws and penalties in Florida are severe to prevent reckless and aggressive driving.
Even though it is common for a judge to add court costs, a hefty fine, and 4 points or more to your driving record, each case is unique. A non-habitual traffic offender who commits his or her first 50 mph over the speed limit will be fined $500.
But depending on the facts of your case, the $500 fine can go up to $1,000 for the second offense. Criminal speeding in Florida can result in a revoked license for one to ten years.
Reckless driving is a felony charge that can be punishable by jail time. The time spent in jail varies from 90 days to five years. If a Florida judge finds you guilty of causing serious injury to a motorist, jail time is likely.
The consequences of receiving a speeding ticket can be severe. So a speeding ticket can definitely be considered a criminal offense.
You don’t have to face a civil or criminal traffic infraction alone. We can help. There is more to a speeding ticket than just paying a fine or telling your side of the story.
Having a skilled and expert traffic ticket attorney to give you legal advice is the first step. We will answer all your questions and work on the best legal strategy for your speeding ticket case.
Although we cannot guarantee the outcome of your case, we believe you deserve a chance to avoid having your driving privileges revoked.
Taking action now will help you avoid insurance rate increases and a dismissal of your case. Contact us for a free consultation today!
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]]>The post How to Check If You Got a Red Light Ticket in Florida appeared first on Florida Ticket Firm.
]]>That’s a lot of people running red lights.
Afraid you might be one of them and not even know it? Well, forget Google searching “how to check if I got a red light ticket in Florida” and read this guide. As a bonus, you’ll also learn how to beat a red light camera ticket in Florida!
Red light cameras are standard in the following Florida cities:
But since police officers don’t hand out red light tickets, you may have one on your license and be unaware. The state usually sends a notice of violation in the mail when you receive a citation. Yet, the mail can be unreliable, especially if you’ve moved recently. So here are three ways to check for yourself if you have a red light camera violation.
Enter your driver’s license number on the License Check website provided by the Florida DMV. You will see if you have any red light tickets listed under your license.
Each county courthouse enforces red light violations. Thus, you can call the number of the county courthouse to see if you have any violations. However, if you recently traveled across the state, you will need to speak to the court in each county, which is a hassle.
Many cities in Florida use American Traffic Solutions (rebranded under Verra Mobility Corporation) to process traffic violations.
You can call ATS at 1-866-225-9975. You will need to navigate their service menu to speak to an operator. Simply give them your name and license plate number so they can identify if you have any red light tickets. You will be responsible for noting and recording the citation number and date of the ticket if anything comes up on your record.
According to Florida Statute 316.0083, a red light camera traffic ticket costs $158. If you fail to pay the ticket after the first notice of violation, the fine may rise to $262. However, there may also be slight differences in the cost from county to county.
Further, your auto insurance company may raise your insurance rates after receiving a red light citation. However, some insurance providers are more lenient than others and may ignore the violation.
Additionally, it’s important to note that you could face a higher fine if you have a not-so-stellar driving record.
If you receive a red light traffic citation, there are several ways to respond.
But, whichever you choose, don’t ignore the ticket. That could lead to a suspended license, excessive fines, and a fee to reinstate your driver’s license. Driving on a suspended license in Florida is a second-degree misdemeanor. The penalty is as follows:
So once you are aware of the ticket, take swift action to avoid further complications.
You already know how much you’ll need to pay for your uniform traffic citation, as previously discussed. However, if you plan on paying the fee, don’t miss the due date: 30 days from receiving the notice. Missing the deadline will likely incur court costs and add three points to your license.
You can pay via the following methods:
By enrolling in a basic driver improvement course, you may receive an 18% reduction in the citation fee. Note that you only have 30 days to enroll in the course before you become ineligible.
Further, the law may require you to enroll in traffic school for running a red light, so inspect the citation closely to see if this applies to you.
If you plan on taking the course, enroll before paying the fine.
You also have the option to contest the ticket in court. If you want to pursue this option, it’s ideal to contact the Clerk of Court in the county where the violation occurred within 30 days of receiving the violation.
Generally, you cannot receive a red light ticket in these scenarios:
When you receive a citation, watch the video provided. If you believe you incorrectly received the ticket, dispute it.
For instance, maybe you weren’t the person driving the car. The system automatically sends red light violation tickets to the vehicle’s registered owner. If you were not driving, you can fill out an affidavit form. It’s best to supply the driver’s license number of the person who was driving. However, you won’t have this information if someone steals your car. In that case, include a copy of the police report.
Perhaps you ran the red light because of an emergency, to avoid an accident, or because your brakes were faulty.
Regardless of the reason, since the violations are on camera, a skilled lawyer can quickly build a red light ticket defense for you in accordance with traffic laws.
Take the proper steps to resolve your infraction. For help, contact us now at Florida Ticket Firm and schedule your free consultation meeting. We can review all FAQs and provide guidance on the best solutions for your case.
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