traffic violation

How Four Hours Could Save Your License

Most people think the best way to deal with a traffic violation is to just pay the ticket. While this is a quick way to dispose of the matter, it can have harmful consequences down the road. For example, if you are a repeat offender, getting too many traffic tickets could lead to loss of your driver’s license. Traffic tickets can also cause you to accumulate too many points on your driving record, and this can also result in loss of your driving privileges. In order to avoid these harsh consequences, the better option is to fight a traffic ticket. A successful defense of a traffic ticket can do more than save your license, it can also save you money. When you are cited for a traffic violation, it is reported to your insurance. This can cause your rates to increase, which is something no one wants. But there are things you can, and we can help you decide what is right for you.

Every case is different, and to determine if driver’s education is something you can consider, have a qualified criminal defense attorney review your case. For some cases, you can opt to enroll in a four hour driver improvement course, and doing so may keep points off your record. The law allows this option for certain offenses, including:

  • Speeding, or racing.
  • Reckless driving.

Spending four hours of your time in this course may seem like a hassle, but it can really pay off in the long run. Keeping points off your record gives you the chance to keep your insurance rates low, and will also keep you on the road. Taking the time to fight a traffic ticket will also benefit you by keeping the offense off your driving record, which can keep you off the habitual offender list. If you land on the habitual offender list, an automatic suspension of your license might occur. We know how important it is to be able to drive, so we work with you for results that are satisfactory. Call our office for more information, and for help preparing an aggressive defense for driving violations.

For questions about traffic tickets, call one of our knowledgeable criminal defense attorneys to schedule an appointment. Allow an experienced criminal defense attorney in Stuart and the Treasure Coast to help you. Your first visit is a free initial consultation.

Important Changes To Federal Sentencing Guidelines

Upon being arrested a criminal defendant’s most pressing concern is the range of punishment. Knowing what to expect by way of fines and possible incarceration helps to prepare you for what lies ahead and can also help aid you when deciding on a defense strategy. When the offense is in federal court rather than state court the Judge is required to adhere to strict sentencing guidelines. Over the years these guidelines have changed. This Fall, criminal defendants in federal matters will see another change. It is important to know what’s in store for the future, even if your case is not a federal case. This is because some prosecutors in state court try to draw parallels to these rules, so understanding the rationale behind them is key to understanding how the criminal judicial system works.

The United States Sentencing Commission has approved the following changes, to be effective November 1, 2015:

  • Clarification on who is considered a “conspirator” in a conspiracy case. This change is aimed at clarifying who can be held accountable, and for what. The hope is that one single defendant will not be made to answer for all the charges in a case, but only those for which evidence points to their involvement.
  • For financial crimes, the punishment can be adjusted downwardly depending on the amount in controversy. The financial harm suffered in a money crime (commonly thought of as white collar crimes) has been adjusted to take into account inflation.

The Commission hopes these changes will provide fair punishment, and hopefully decrease the amount of incarcerated individuals. An interesting fact is that the United States jails a higher percent of its population than do most other countries in the world. This statistic is truly amazing, and should give prosecutors pause when pushing for jail time. Our goal is to reach results that are appropriate for the case. When a punishment is out of line with the charge, we aggressively pursue alternative sentences.

If you have questions about how criminal sentencing works, contact a qualified criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free consultation and we work with you to reach results that fit your needs.

Two Categories Of Habitual Traffic Offenders

Receiving a traffic ticket is never fun. A traffic ticket is costly financially, and can also wreak havoc on your driving record. If you get too many tickets, the points add up quickly and you run the risk of having your driver’s license suspended or revoked. In the most egregious of cases you can face permanent loss of your driving privileges. In order to protect your good driving record, and maintain your right to drive, it is imperative that you take the legal steps necessary to protect your driver’s license.

The possibility that you will lose your license after having received too many traffic tickets depends on the number of tickets and the type. The worst case scenario, pursuant to the Habitual Traffic Offender allows the State to take your license for a period of five years. This can happen if you fall within one of the following two categories of a habitual traffic offender:

  • More than three tickets for charges of voluntary or involuntary manslaughter, commission of a felony while driving, operating a motor vehicle while your license is already suspended or revoked, failure to help and accident victim, or unauthorized use of a vehicle.
  • Fifteen convictions of moving violations that add points to your driving record

Think about the impact loss of your driver’s license for five years would have on your daily routine. It would become difficult to get to work, to the grocery store, to take your kids to their after school activities, and to attend to your personal errands. In order to avoid this harsh reality, you must fight hard to keep your license. The way to do this is by filing a motion challenging the final resolution of a traffic related case against you. A successful challenge will remove the conviction from your record. Without the notation of the traffic conviction on your record, points will not be added. This can keep your driving record in good shape and help you to maintain your right to drive. Most people believe paying a traffic ticket and never giving it a second thought is the way to handle tickets. But given the information that the ticket will be noted on your driving record may give you reason to reconsider this approach. We can help you make decisions that make sense and work for you. Call us today for more information on how to stay off the habitual traffic offender list, and keep your driver’s license.

If you have received notice that your driving privileges are being revoked under the habitual traffic offender laws, contact a qualified criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free consultation and we work with you to reach results that fit your needs.

How A Traffic Ticket Can Result In Arrest

Most minor traffic violations, such as speeding, do not usually result in arrest. When the majority of the driving public gets a ticket, the impulse is to pay the fine and forget about the incident. This can be damaging for several reasons, one of which is that harmful points can be added to your driving record and if too many points accumulate your insurance rates will be raised, and you could lose your license. Fighting a traffic ticket will help reduce these possibilities, and help you to maintain your good driving record. Another potential danger from getting a traffic ticket is possible arrest.

If you have an outstanding ticket, or have failed to appear in Court for other charges, there may be a bench warrant out for your arrest. Judges issues bench warrants when people fail to abide by Court orders, or to show up for a scheduled hearing. What happens after the warrant is issued can be scary. The police have the power to arrest you on site, regardless of your location, when a warrant is outstanding. With regard to traffic violations, this can result in arrest as follows:

  • Upon being pulled over for speeding or any other minor traffic violation, the officer will pull up your information on their data system.
  • If the outstanding warrant appears in the information retrieved, the officer can arrest you on the spot.

To avoid this possibility, be sure you handle all traffic tickets timely. Reaching resolution of an outstanding ticket helps ensure you don’t face arrest for an unresolved issue. Our traffic violation team of attorneys can help you finalize traffic offenses, so you have the confidence that the matter does not come back to haunt your future. Call our office today.

If you’ve received a traffic ticket, call an experienced criminal defense attorney for help. Skilled criminal defense attorneys in Stuart and the Treasure Coast are here to help you reach workable solutions. Your first visit is a free initial consultation.

Two Good Reasons Why Leaving The Scene Of An Accident Is A Bad Idea

Traffic violations can happen in a variety of ways. The most commonly thought of infraction is a traffic ticket for speeding, which is a minor charge. More serious traffic violations include hit and run, leaving the scene of an accident, and DUI. It is important to defend all types of violations, even speeding tickets. A good defense will help keep harmful points off your record, and in some instances keep you on the road.

A charge of hit and run, or leaving the scene of an accident are misdemeanor offenses. In some instances the charge can be increased to a felony, depending on the circumstances. Two good reasons why leaving the scene of an accident is a bad idea include:

● If alcohol or drugs are involved.

● If an injury resulted from the accident.

It is scary to be involved in an accident, especially if you think you are at fault or if you have been drinking. Existence of these facts make it tempting to leave the scene, but doing so will only make matters worse. If you are involved in an accident, regardless of the circumstances, stay where you are! Your cooperation is expected, and will also be helpful to your defense. You want to face the charges against you with confidence and complete preparation. Doing so requires the help of a trained attorney with experience in hit and run cases.

If you have questions about hit and run cases or other traffic violations, call our office to speak with a qualified criminal defense attorney. We help people charged in Stuart and the Treasure Coast. Call today to schedule an appointment for a free initial evaluation of your case.

Two Types Of Traffic Violations

Most people lead very full and hectic lives. With kids to drive to and from school, sporting activities, and to family functions while juggling a job is just the tip of the iceberg. And, when holidays and other events like graduation or weddings come up, the need to get from one place to another quickly increases. This need can lead to driving faster than the posted speed limit, or other traffic related violations. If you receive a traffic ticket, it might seem easier to just pay the fine and move on than to try and fight the charges. But, doing so can have a harmful impact on your right to drive, because if you rack up too many tickets you stand the chance of landing on the Habitual Traffic Offender list. Those on this list face the possibility of losing their license, and thus the right to drive. It will be even harder to get to work and to take your kids to school without a license, so sometimes fighting a traffic ticket is the only answer.

There are two types of traffic violations in Florida, and either type can result in you getting a ticket. The two types of tickets are:

  • Moving violations, which includes any violation that takes place while you are driving. This might be reckless driving, speeding, or even a DUI. In cases that are more than simple speeding, the stakes are much higher. The punishment for a DUI or reckless driving case is harsher than the financial fine associated with speeding, which means the type of defense to these forms of traffic tickets must be specially developed to fit the facts.
  •   Nonmoving violations, which includes a violation that takes place while you are not driving. These tickets may seem harmless, but can result in points on your record and when too many points accumulate; you stand the chance of losing your license.

 

The possibility of points adding up on your driving record, and the potential loss of license that goes with having too many points is reason enough to fight a traffic ticket. Our goal is to explain the possible outcome to you, and make sure you are aware of the impact of opting to pay a ticket rather than put on a defense. When you arm yourself with this type of knowledge, you can make an educated decision about how to best proceed. Call one of our traffic ticket defense attorneys today to learn more.

If you have received a traffic ticket, call our office to speak with a qualified criminal defense attorney. We help people charged with all sorts of traffic violations in Stuart and the Treasure Coast. Call today to schedule an appointment.

Less Is More When It Comes To Traffic Violations

Road DangerMinimalists live by the mantra that “less is more”. This is also true in the area of criminal law, where the fewer violations you have, the better. Especially when dealing with traffic violations. This is true because in Florida, if you have more than a certain number of traffic offenses in a five year period you run the risk of losing your right to drive.

The Habitual Traffic Offender law allows the state to take your license for a period of five years if you fall within one of the following categories:

● More than three offenses of the following types:

Voluntary or involuntary manslaughter

A felony, while operating a motor vehicle

Driving on a revoked or suspended licenses

Failing to stop and help a victim of an accident which resulted in death or other personal injury

Unauthorized operation of a commercial vehicle

● Fifteen convictions of moving violations that add points to your driving record

Loss of your driver’s license for five years can create a real hardship. You will have to rely on other forms of transportation to get to work, school, or other activities. To avoid this type of disruption to your daily life, you must fight to keep your license. One way you can do this is by filing post-conviction motions relative to one of the convictions that led to the decision that landed you on the habitual traffic offender list. If you are able to have one of those convictions overturned or dismissed, you no longer meet the criteria for the State to consider you a habitual offender. Accomplishing this goal takes hard work and determination, and the help of a qualified criminal defense attorney.

If you have received notice that your driving privileges are being revoked under the habitual traffic offender laws, contact a qualified criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free consultation and we work with you to reach results that fit your needs.

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