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;
driving under the influence (DUI)
leaving the scene of an accident
driving with a suspended license
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
running a red light
running a stop sign
license not carried
driving too fast for conditions
improper lane change
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.