The criminal traffic charge of Leaving the Scene of an Accident (LSA) or Hit and Run from a crash involving a death is a serious felony.
Leaving The Scene Of Crash Involving Death - Actual Knowledge Required
Reckless Driving, Standing Your Ground by Accident.
Reckless Driving, not to be confused with careless driving, is a criminal traffic offense in Florida. An accusation of Reckless Driving does not require a crash, but property damage does enhance the offense. In a recent case, an attempt at defending a charge of Reckless Driving was made via a motion for immunity under the Stand Your Ground law.
What is a Traffic Crash in Florida?
In traffic law, the term "crash" does not mean what many people think. Seemingly many people believe that a "crash" means that there is some degree of damage to vehicles. Some have even argued that at crash should equate to a significant amount of damage. Does a crash require damage? What then is a traffic crash?
The Right to Travel Defense in Criminal & Traffic cases
In criminal defense and traffic defense much is made about the initial seizure or traffic stop. This is because if you fight the traffic stop and win, evidence is excluded which can lead to the entire case being dismissed.
GET OUT! Asked to exit vehicle after a traffic stop
In criminal and traffic cases a common concern is that the officer requested the driver or other person to exit the vehicle. There is a line of thought that being removed from the vehicle requires a safety concern or other good reason. Some may question what issue(s) exist getting out of the car, others do not like the feeling of being seized, however in the context of criminal cases, exiting from a vehicle often discloses damaging evidence.
Florida Traffic Ticket Hearing Requirements
In Florida speeding tickets for less than thirty (30) over the speed limit do not require a hearing. There are three (3) choices:
Criminal & Traffic - Mistakes on Citations or Reports
In criminal and traffic defense, a common complaint from an accused individual or their family is that the arrest affidavit, arrest report, accident report or citation contains one or more errors. For example, if there is a DUI accusation with a child in the car but the officer marks on the DUI citation that there were no passengers under the age of 18 or marking "no injury" on a traffic ticket in a case involving a near fatality. (actual examples). The ugly truth is that the police, deputies and troopers filling out these documents are people too, and they make mistakes. Unfotunately, typographical or similar errors will usually not lead to a case being dismissed.
Clearing Traffic Suspensions
Part of the traffic ticket practice is clearing suspensions in the best possible way. Common reasons for suspensions are for failing to address the citation within thirty (30) days, failing to pay, failing to complete traffic school, failing to appear in Court in a criminal case, warrants, child support etc. Of course there are many other reasons a driver's license can be suspended and each case is unique.
Traffic Crash, DUI and the Accident Report Privilege
A car accident leads to a traffic crash investigation which often time leads to criminal charges such as drunk driving or DUI. Floridians should be aware that the law requires them to cooperate with a traffic crash investigation. The intent behind the reporting requirement is to encourage true and uninhibited reporting of accidents, with the ultimate goal of making highways safer.
Habitualized the Hard Way
Almost every week I hear from people who have just been informed that they have been habitualized in the worst way. Apparently, ordinary people (not defense lawyers) trust the government and just pay a fine on a traffic ticket, especially when that fine is overdue. A common complaint will go something like this: "I just paid a ticket to get my license back and now I am being told that I am a Habitual Traffic Offender and my license is gone for five (5) years." Almost always the ticket that was paid recently is for driving on a suspended license.
