traffic

What Is A Habitual Traffic Offender?

Every December parents around the country tell their kids to behave, or they will wind up on Santa’s bad list. But, if you are good, your name will appear on the good list and Santa will pay you a visit on Christmas Eve. As adults, we know Santa is not real, but there are certain lists you still want to avoid being on as you grow older. One such list is the habitual traffic offender list, which keeps track of people with too many traffic offenses. If you end up on this list, the chance that the State will take away your driver’s license is great. Thus, it is good to know what qualifies as a habitual traffic offender, so you can be sure to steer clear of taking part in any activity that lands you on the list.

You can lose your license for up to five years under the Habitual Traffic Offender law for one of the two following things:

  • Receipt of in excess of fifteen convictions for a moving violation. A moving violation is any traffic offense that takes place while driving, like speeding or reckless driving. If you have an accident while driving, and are found to be at fault, that can also be classified as a moving violation.
  • Receipt of in excess of three citations for actions considered more serious than simple speeding; things in this category include driving on a revoked license, driving without a license, DUI, or engaging in another crime while driving a vehicle.

Either of these two types of violations will result in a ticket, which shows up on your driving record. If you accumulate too many tickets, you can be classified as a habitual traffic offender and risk losing your driver’s license. In order to avoid this possibility, it is critical that you aggressively defend every traffic ticket you receive. Our office has helped people with all kinds of traffic violations, and is here to help you too. Call us today to learn what steps to take to save your driving privileges, and to keep your record clean. Our approach is to develop a strategy that fits the facts of your case, while meeting your driving needs.

If you have questions about traffic tickets and how to stay off the habitual traffic offender list, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. Call us to schedule an appointment.

Two Important Considerations For Traffic School

When you receive a traffic ticket, one way to minimize the damage done and to receive a lesser sentence and fine is to attend traffic school. Electing to go to traffic school keeps harmful points off of your driving record, which can help you to maintain your driving privileges and keep your insurance rates low. However, there are two important things to take into consideration when you are making the decision to attend driving school, so you should not make the decision without first talking it over with a knowledgeable traffic offense attorney.

Defense to traffic tickets vary with the type of ticket received. For example, if you have received  a speeding ticket you will want to challenge the way in which the officer determined your speed. For DUI cases, you should attack the validity of the breath test results by looking at the testing procedures and whether they were followed. But, regardless of the type of ticket you have received, the rules for attending traffic school as a way to reduce the charges and diminish the harmful consequences are the same. The rules on traffic school are as follows:

  • You are only allowed to attend one driver improvement course in any given twelve month period.
  • You cannot attend driving school more than five times in a total of ten years.

So, depending on the circumstances of your case, you may want to consider other avenues of defense for your case. Your decision should be based on a thorough review of the specific facts of your case and the laws that apply to the charges filed against you. We understand how important it is to keep your driver’s license, and to stay off of the habitual traffic offender list. We can help you to reach your goals, and take an approach that is tailored to your needs. Simply paying a traffic ticket is not an option if you want to maintain safe driver status, and keep your driving record free from harmful points. Allow us to help you save your license; call our office to speak with a trained traffic ticket attorney today.

If you have questions about how to fight a traffic ticket, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. Call us to schedule an appointment.

What Two Types Of Habitual Traffic Offenders Are There?

Most people are familiar with the term “repeat offender”. The phrase is used to describe a person that commits the same act over and over again. In the context of criminal law, if you continually engage in the same behavior, the law will provide for a more severe punishment each time you are arrested. This is true for violent crimes, as well as more minor offenses such as traffic violations. Staying off the habitual traffic offender list will help you to keep a clean driving record, and can also help you to maintain your driving privileges. So, before you simply pay a traffic ticket and move on, consider the impact having too many tickets on your record can have on things like your insurance rates and your ability to drive.

Here’s what you need to know about the Habitual Traffic Offender law in Florida. The Habitual Traffic Offender law kicks in if you fit one of the following two categories of habitual traffic offenders:

  • You have more than three traffic offenses for what are considered the more serious offenses, like driving on a suspended license or taking part in a felony while driving. You will also fall into this category if you have been charged with voluntary or involuntary manslaughter, which normally results from an accident with a fatality while driving under the influence.
  • You have received more than fifteen moving violation convictions. This includes speeding, reckless driving, DUI and other offenses involving driving.

When you receive a traffic citation, your driving record takes a hit. The more violations you rack up, the more points that get added to your driving record. When you have too many points on your record, the State may seek to revoke your driving privileges. In order to avoid losing the right to drive, call our office. Together we will develop a defense that is likely to save your license, and keep you off the Habitual Traffic Offender list. We understand how important it is to be able to get from place to place, so we fight hard to protect your driving rights.

If you have questions about the laws that apply to habitual traffic offenders, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. Call us today to schedule an appointment.

I Lost My License For That?!

Maintaining a valid driver’s license is something most of take for granted. But the minute your license is in jeopardy, you quickly realize how important it is to fight to keep your driving privileges. There are several ways you might lose your right to drive, being convicted of a DUI is among the most common. But did you know there are other minor offenses that could result in loss of license?

A D6 license suspension may occur for any of the following reasons:

 

● Failure to pay traffic fines.

● Failure to appear in court on a traffic related ticket or violation.

● Failing to attend or complete court ordered traffic school.

 

If you have lost your license for any of these reasons, you can apply for reinstatement. It is important to know that simply paying the fine or ticket will not act to reinstate your license. There are administrative steps that must be taken, and of course paperwork that must be completed. The process can be time consuming and frustrating, but doesn’t have to be. Our office understands the importance of being able to get from point A t point B, and can help you over the administrative hurdles to getting your license back. Fighting the ticket is a better alternative to payment, because if successful you will keep harmful points of your driving record and maintain more manageable insurance rates. Call our office today to learn your options when facing loss of license, or when the need to defend a traffic ticket arises.

 

If you have questions about traffic violations or your driving privileges, call our office for answers. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.

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.

How Traffic Violations Affect You

question marksYour driving record affects your life in more ways than just your ability to drive. A good record can mean lower insurance rates, and a higher credit score. Drivers with an accumulation of points on their records pay more for insurance and can face suspension of their driving privileges. In a mobile society, the ability to drive is a necessity. Going to and from work, taking the kids to Church and school, and being able to visit family and friends are all a part of well-rounded, happy life. Safeguard your right to drive by contacting one of the attorneys at Ferraro Law Group specializing in traffic violations.

Information about points on your driving record can obtained from the Florida Department of Highway and Safety and Motor Vehicles. For example:

● Various driving offenses are assigned a certain point value

● Once a certain number of points accumulates; your driver’s license will be suspended

● The more points accumulated in a certain time period, the longer the suspension of driving privileges lasts

To maintain a good driving record, keep your insurance rates low, and keep your driver’s license you need aggressive representation for any traffic violation. This includes tickets for even the most minor of infractions, up to the more serious offense of leaving the scene of an accident. We examine the facts of your case and identify all witnesses, including the officer that wrote the ticket. You have the right to a hearing, where that officer must appear and give testimony. We are experienced in identifying defects in the citation process, and using those defects to your benefit. Keeping points off your record is our goal, as we explore the options of your case, from remedial opportunities such as driving school to outright dismissal of the charges against you.

Call our office to schedule a free initial consultation with a traffic violation attorney with experience defending traffic tickets. Keep your driving privileges and keep your record clean. Call today to make an appointment.

The Difference Between a Misdemeanor and a Felony

prison barsThe difference between a misdemeanor and a felony may not cross your mind, until you have been arrested. For people facing criminal charges, the distinction between the two types of cases means significant differences in possible jail time and amount of fines due to be paid. Jail time associated with a felony charge is generally greater than the amount of fail time associated with misdemeanor charges. However, a misdemeanor conviction still has lasting effects. The lawyers at Ferraro Law Group are versed in all types of crimes, and believes no case should be ignored. Even small cases such as traffic violations deserve attention. Our strategy is to develop several defenses, so you have choices and can make a decision that is best for your circumstance and that fits the specific and unique facts of your case.

The amount of jail time is the biggest difference between a misdemeanor and a felony. Both classes of crimes carry jail sentences, but a conviction for a misdemeanor will have a shorter amount of time to serve. Misdemeanors have jail time that is less than a year, but the Court imposes longer jail terms for felony convictions. An aggressive defense strategy is necessary to minimize the sentence for your charges. To put your best defense forward, you should call an attorney for help immediately. Be sure to::

● Tell the whole story: what may seem unimportant to you may not be insignificant to your attorney and your defense

● Taking notes: keep a written record of any witnesses so your attorney will know who to interview and how to contact them

● Evidence preservation: when your case includes damage to the property of another person, or a physical harm to another person, be sure to take photos so the evidence of what happened is preserved

Our goal is to form a strategy of defense that is specially tailored to your case. In order to do this, our legal professionals work closely with you. We do not treat cases any differently depending on the type of charge, misdemeanors and felonies are given the same attention by our skilled staff.

We understand being arrested is frightening. Not knowing where to turn can make the experience all the more intimidating. We take our job of calming your nerves seriously, and explain the process in a way that makes sense to you and gives you comfort. Call Ferraro Law Group for defense of misdemeanors or felonies in Stuart. Your first visit is a free consultation.

Obscure Traffic Law Alert!

Traffic Law Violation

Be sure to come to a complete stop, or you are committing a traffic law violation even without a stop sign.

In case you didn’t know, it is a traffic law infraction to cross a sidewalk without stopping first with all four tires when leaving a parking lot – even if there is no stop sign.  This traffic law is a civil infraction, which means you can’t go to jail for it, but you can be fined.  And, it is a reason for an officer to pull you over and investigate whether he thinks anything fishy is going on.

Just last week here in Martin County, a local DUI and traffic law judge sentenced a man to a $500 penalty for crossing a sidewalk without stopping first. It was late at night and there was no vehicle or pedestrian traffic on the roadway or sidewalk.  In that case, the officer wrote the traffic ticket and after engaging the man, also arrested him for DUI.  His prior driving record was insignificant.  The man exercised his right to a trial by a jury of his peers on the DUI.  The jury found him Not Guilty of DUI after hearing and seeing all of the evidence.  But juries don’t decide the facts on noncriminal traffic law violations, and they never decide the penalties – that’s for the judge to do.

The $500 dollar fine that the judge imposed was the maximum sentence for that traffic law violation.  Was the maximum penalty imposed because the judge felt so strongly about drivers failing to stop at a sidewalk with no traffic in the middle of the night; or was it punishment for being found Not Guilty of a DUI by a jury of his peers?  Regardless of which reason motivated the judge to rule this way, we as citizens get to decide if this is the brand of justice we expect and want from our local judges?  Maybe it is, maybe it isn’t.  You’re turn to be the judge.  What do you think about it?

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