14th Jul 2015

Under Florida law, there is a huge difference between simple traffic infraction and criminal traffic allegations.

A traffic infraction is simply a civil matter where there is no exposure to a loss of freedom. A finding of guilt may result in monetary punishment, license suspension or traffic school however jail or probation is never a potential consequence. These punishments are usually nothing more than an inconvenience.

In Mimi-Dade or Broward County, a criminal traffic matter is more serious since the violation primarily involves a foreseeability of somebody getting hurt or there is a purposeful defiance as to following the law. More serious matter carries more serious consequences.

Here is a listing of some of the typical “criminal traffic” offenses as compared with “civil traffic” infractions;

    criminal traffic

    driving under the influence (DUI)
    leaving the scene of an accident
    driving with a suspended license
    reckless driving
    expired tag over 4 months
    drag racing proof of insurance
    failure to obey a command of an officer
    failure to take a breath test
    no valid driver’s license

    civil infractions

    running a red light
    careless driving
    running a stop sign
    license not carried
    driving too fast for conditions
    improper lane change
    equipment violations
    improper backing

A qualified and experienced criminal defense attorney must know the nuances of all traffic offenses, whether it is a criminal or civil traffic matter.  Very often, the repercussions of these offenses have an impact beyond the law since a person’s employment status or reputation in the community may also be affected by a resolution on a court case.

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