Most people have their first contact with the police due to a traffic infraction. In fact, a study showed that the average driver has a 16% chance of getting a ticket. Although getting a traffic ticket may not seem serious, in some cases, you can face long-lasting consequences. You have the right to enlist the help of an Orlando traffic lawyer and fight the accusations.
Paying a ticket is admitting that you committed an infraction. This can add points to your license and, in more serious cases, lead to criminal charges or result in the revocation of your rights as a driver. If you received a citation or an infraction in the Orlando Metropolitan Area, you should seek the advice of a traffic attorney serving Orange County.
At Z. Hernandez Law, we are committed to fighting the good fight for our clients. We fight to protect your rights, license, and criminal record. If you are seeking legal representation and live in Orange, Lake, Seminole, or Osceola counties, traffic ticket attorney Zarina Hernandez may be able to help. Call (407) 900-8490 or send us a message to schedule an appointment.
What Is a Traffic Violation in Florida?
A traffic violation occurs when a driver infringes Florida traffic laws. Most of these violations are classified as infractions or non-criminal violations. Because they are less severe, infractions usually lead to fines and point penalties on your driver’s license.
Violating a traffic law while the vehicle is in motion is known as a moving traffic violation. Examples of these infractions include but are not limited to speeding, fleeing and eluding, DUI offenses, and failing to obey a traffic control signal.
As its name suggests, non-moving traffic violations take place when the vehicle is not in motion. Therefore, many of these infractions are related to parking violations, broken equipment, actual physical control, or paperwork related to your vehicle.
A traffic violation becomes criminal when a driver commits a criminal offense while operating a vehicle. Usually, these types of violations are considered criminal because they can cause harm to others or property.
The punishments associated with a traffic ticket depend on the severity of the infraction. Here are some potential consequences for traffic violations in Florida:
- Points to the driver’s license
- Fines
- Complete a driver improvement course
- Imprisonment or probation
- Driver license suspension
- Driver license revocation
At a minimum when you receive a traffic ticket in Florida, you will have points added to your driver’s license. In some cases, it may be in your best interest to fight the ticket and try to minimize the impact of the violation.
If you received a citation and want to explore your options, contact our Orlando traffic lawyer. On top of serving clients in both English and Spanish, we represent clients in Orange County and surrounding areas.
Type of Traffic Ticket Cases We Handle
A criminal traffic violation can result in incarceration, a permanent criminal record, and expensive fines, among other penalties. If you want to explore the legal options available for your traffic violation, contact an Orlando traffic ticket lawyer.
At Z. Hernandez Law, our traffic ticket attorney focuses on the following types of traffic cases:
Driving with a suspended license
If your driver’s license was suspended due to a traffic offense, you are not allowed to operate a motor vehicle. Driving when your license has been suspended or revoked is a second-degree misdemeanor. However, these charges can increase with subsequent convictions.
DUI offenses
Driving under the influence of alcohol or drugs (DUI) is considered a misdemeanor in Florida. However, subsequent offenses can increase the severity of a DUI charge and its penalties.
Fleeing and eluding
According to Florida Statute §316.1935, refusing to stop when indicated by a law enforcement officer is considered a criminal offense. A fleeing and eluding offense is classified as a felony of the third degree.
Leaving the scene of an accident
When being involved in a car accident, drivers must provide their information and render aid if needed. Leaving the scene of an accident without performing these duties is a crime under Florida law. Depending on the severity, this traffic offense can be charged as a second or first-degree felony.
Speeding
Speeding is one of the most common types of ticket traffic in Florida. Operating a vehicle over the speed limit can be a criminal act depending on the area and your driving speed.
Statute of limitations on traffic tickets
In Florida, non-criminal infractions and traffic crimes classified as 2nd-degree misdemeanors have a statute of limitations of one year. The statute of limitations for more severe forms of traffic crimes is:
- 2 years for 1st-degree misdemeanors
- 3 years for felonies of the 3rd and 2nd degree
- 4 years for 1st-degree felonies
Based on Florida Statute §775.15, law enforcement officers have up to one year to hand you a traffic ticket for a traffic infraction (non-criminal violations). However, most of these tickets are delivered at the moment of the violation. As a result, the legal action required for these cases is completed before the statute of limitations expires.
On the other hand, the statute of limitations for a criminal traffic offense varies depending on the severity of the charges.
How to Fight a Traffic Violation in Florida
Traffic tickets can be fought to reduce your charges and minimize the impact on your driving record. An experienced traffic ticket lawyer near you can assess your case and provide a suitable defense for your situation.
Some potential defenses that a traffic ticket attorney may use include, but are not limited to:
- Present evidence to prove that you drove over the speed limit due to an emergency.
- Demonstrate that the radar equipment was not properly calibrated or operated improperly.
- Demonstrate that you did not mean to elude the police officer.
- Prove that the traffic stop was unlawful.
- Challenge the results of the breathalyzer test.
Speak to an Orlando Traffic Ticket Lawyer
At Z. Hernandez Law, we offer personalized attention to all of our clients. If you were cited for a traffic violation, book an appointment with our Orlando traffic lawyer to explore your potential legal avenues. We serve clients in Orange, Lake, Osceola, and Seminole counties.
