Understanding the Types of Reckless Driving Charges in Florida

November 13th, 2014

Understanding the Types of Reckless Driving Charges in Florida

If you are caught for reckless driving in Florida, you might have to face a criminal charge that could result jail time. A thorough understanding of the different types of reckless driving charges is necessary, to evaluate where you stand in hierarchy of traffic laws. At times, the traffic officer might treat you unfairly and give you a wrong traffic ticket and because of your lack of knowledge about traffic rules you might hesitate to defend yourself. To help you fight against the Traffic Tickets in Florida, you can hire an experienced Traffic Ticket Attorney.

Types of Reckless Driving Charges

Driving with “willful or with disregard for the safety of persons or property” is considered as reckless driving under the law. In Florida, reckless driving is a worse violation than careless driving and improper driving, and therefore the fines and punishments are serious, including the possibility of jail time.

Reckless Driving in Florida can be charged as:

  • First Offense Reckless Driving
  • Reckless Driving with a Prior Conviction
  • Reckless Driving Causing Property Damage
  • Reckless Driving Causing Serious Bodily Injury

If someone is found guilty on their first offense he will face at least 90 days of jail time, along with a minimum fine of $25 and a maximum of $500. Severe penalty of six months jail time and a minimum fine of $50 and a maximum of $5,000 is subjected to those who are charged for reckless driving with a Prior Conviction. If a person is injured, the penalty will be higher.

Reckless Driving Causing Property Damage is considered as a first degree misdemeanor and it could result up to 12 months jail time, or a fine up to $1,000. Under Florida’s laws, Reckless Driving Causing Serious Bodily Injury is considered as aThird Degree Felony. The person who is charged with this will have to face any combination of the following penalties, maximum sentence of five (5) years in jail, five years of probation, or fine up to $5,000.

If you are charged with Reckless driving in Florida , you should seek counsel from an experienced traffic ticket lawyer immediately. 

Things to Know About DUI Enforcement in Miami

November 13th, 2014

Things to Know About DUI Enforcement in Miami - The Ticket Clinic

Miami DUI Law enforcement process involves multiple stages but, the penalties for the offense is as severe as in manyother states. Acquainting yourself with the enforcement processes is essential so that you will know what to do and when to hire a Miami DUI lawyer. The incident will be investigated and analyzed by the attorney that may  give you an edge in the case. The various stages of Miami DUI process are follows:

Initial stop by the police officer

A police officer is trained to identify the signs when an impaired  person is driving a vehicle. If he finds the vehicle is not maintaining a lane or if it is moving uncontrollably, he might take that as the signs of drunk driving. Not always, a police officer stops a vehicle suspecting the driver is drunk. There are instances when the officer notices other small traffic violations from the driver’s side like speeding, running a red light, improper lane usage and only when the car is stopped, the officer finds out that the driver is drunk. This is one way a DUI process begins. Another way a DUI arrest happens when a vehicle breaks down or after an accident.

Field Sobriety exercise

DUI is a serious violation and if an officer suspects you may be DUI, he can carry out an investigation. In Florida, the Field Sobriety Exercise includes HGN, the walk and turn, the one leg stand, as well as finger to nose, which tests the coordination, balance and dexterity of the driver. However, the driver has the right to refuse physical sobriety tests as the officer could hold the test as evidence in court. Some tests cannot be performed well by overweight individuals, injured and elderly people, in such cases you should tell the officer that your health or body weight doesn’t permit you to do the exercises.

BAC Test

If the officer doesn’t think you are sober after the initial tests, he might ask you to undergo Breath/Blood Alcohol Content (BAC) testing. This is usually done at the police station, but only after a lawful arrest. The driver is required to take a breath test, but one may refuse. Refusal may result in a license suspension, and in some cases may be charged as an additional crime. With an experienced traffic ticket attorney at your side, you can challenge your case and possibly  reduce the penalties associated with the violation, or get it dismissed entirely.  They can also help you if you have a suspended license in Florida.

Is it Possible to Get a DUI Charge Reduced to Reckless Driving in Florida?

November 13th, 2014

Is it Possible to Get a DUI Charge Reduced to Reckless Driving in Florida

Yes, it is possible to get a DUI Charge Reduced to Reckless Driving.

If you are arrested for DUI, one of the smart moves is to ask for a reduction to reckless driving. You should understand that accepting the DUI charge and bearing all the penalties is not the only solution. Those who understand the legal side of it will probably act wisely by hiring an experienced Traffic Ticket Attorney, who will protect their rights. At The Ticket Clinic, we focus mainly on DUI and work to  your advantage.

In the event of being charged with a DUI, make it a point to waste no time and arrange a consultation with a DUI attorney to give them all the relevant information and to understand how the attorney can help you with the case. After evaluating the case, the attorney will tell you where you stand and how to proceed. If you find yourself in any of the circumstances given below, there is a chance of getting your DUI reduced.

If you have handled the situation sensibly

When you are asked to pull over, most people panic and behave strangely. However, if you keep your calm and show respect towards the police officer, things can work out favorably for you. In the video evidences that come along with the DUI cases, your attitude will be revealed and the prosecutor will judge you accordingly. By seeing these videos , a jury can tell if you are among the bad guys or good guys.

If you spoke coherently

Sometimes what you say is used against you. In a Florida DUI case, slurred speech is one of the evidences you need to overcome. If you spoke coherently, you may get your charges reduced.

Refused the breath test

Refusing a breath test doesn’t always put someone charged for DUI in a better position. However, refusing to blow into the breath machine, the state will have one less piece of evidence to pursue a conviction. This depends completely on the facts of the case, and your attorney can use it appropriately.

If you were stopped for some other traffic violation

Your criminal charge may be reduced or dismissed, if you are stopped for some other traffic violation like weaving or failure to maintain a single lane. In case you are stopped for causing an accident. But, in many accident cases, it may be difficult for the state to prove you were behind the wheel. This is an essential element of the crime.

All these situations may reduce, or dismiss your DUI charges. The attorney will check your criminal history and if you have a clean record, the chances to get your DUI charge reduced to Reckless Driving in Florida increases. Know your rights. Remember the state has to prove your guilt beyond and to the exclusion of every reasonable doubt. You don’t have to disprove anything. Before you act, be sure to talk to an experienced DUI attorney.

New Report Suggests Manatee County Put Profits Over Safety

May 1st, 2014

Manatee County

As the red light camera debate continues in Florida. a recent report from 10 Investigates revealed that in Manatee County officials are strategically installing red light cameras at specific intersections based upon the ability to generate revenue.

According to the report, of the 10 most dangerous intersections, only one is actually monitored by a red light camera.  Instead, last summer Manatee County began issue citations for rolling right hand turns and the county’s profits, which were previously low, began to skyrocket.

To see the full report, click here.

According to 10 Investigates, attempts to fight the tickets have been mostly unsuccessful.  Since the hearing officer is generally employed by the city or county that issued the ticket, this is not surprising.

The Ticket Clinic continues to lead the red light camera fight.  If you have questions about a red light camera ticket, call us at 1.800.CITATION.

The Ticket Clinic Attends the First Annual Pep Boys Car Show in Miami Lakes

April 2nd, 2014

 

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Check out the great pics from Saturday’s First Annual Pep Boys Car Show at the Pep Boys in Miami Lakes!

We had a great time at the car show and meeting friends and fans of The Ticket Clinic.

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The Ticket Clinic is a Proud Sponsor of Street Racing Made Safe

March 26th, 2014

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The Ticket Clinic is proud to announce its support of Street Racing Made Safe, a non-profit organization dedicated to educating drivers and eliminating street racing on public roads.  The Ticket Clinic is committed to improving the safety of our roads and our sponsorship of SRMS is a natural progression towards that goal.

“Too many young people die needlessly from racing their cars on the street,” said The Ticket Clinic Founder, Mark Gold, “Not only is it a crime, but street racing  also endangers the lives of participants and innocent bystanders.  That is why The Ticket Clinic is proud to sponsor Street Racing Made Safe, where drivers can test their mettle in a safe, controlled environment. Even though we defend all types of tickets, The Ticket Clinic would prefer to see less tickets issued for racing, and less race-related injuries.”

In addition to providing education and information, SRMS offers drivers the opportunity to street race in a controlled, safe environment.  Join us this Saturday, March  29, at the Run Your Car Not Your Mouth event at Palm Beach International Raceway.  The Ticket Clinic race car will be on the track and our staff will be on site to answer any questions.

The Ticket Clinic is one of the oldest law firms in Florida concentrating solely on traffic-related offenses and DUI.  If you have a question about a traffic citation, call us at 1.800.CITATION.

Spring Cleaning: Have You Updated Your Tags?

March 25th, 2014

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Are your registration tags up to date?  Driving with expired tags for even just one day can net you a ticket, but if your tags are expired for more than six months, you could face fines, points, loss of driving privileges or even jail time!

In Florida it is easy to renew your tags online.  The tags expire on the registration holder’s birthday.  If you are the forgetful type, put a reminder in your phone a few weeks before your birthday to renew your registration.  It is quick and easy.

But if you find yourself with a ticket for driving with expired tags, The Ticket Clinic may be able to help.  Remember that simply paying the fine is an admission of guilt, so before you do that consider speaking with an experienced traffic ticket attorney.

The Ticket Clinic has handled over 1 million traffic-related tickets, including tickets for expired tags, in Florida, California and nationwide.  Call us at 1.800.CITATION for a consultation.

Report from Florida’s Department of Highway Safety and Motor Vehicles Finds an Increase in Collisions at Red Light Camera Intersections

March 5th, 2014

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A recently released report from Florida’s Department of Highway Safety and Motor Vehicles provided a telling look at the reality of state-wide red light camera programs.  Although the State is touting decreased collisions at many red light camera intersections, in fact this is misleading.  The report also found that while some jurisdictions did report a decline in collisions at red light camera intersections, in fact statewide, crashes at these intersections increased 21% from 2011 to 2012. This no doubt calls into question the efficacy of the red light camera programs, which proponents claim protect drivers and improve safety.

This comes at the same time that a study by three professors at the University of South Florida calls into question the efficacy of the red light camera programs.

These studies may prove to be a boon for some legislators who are pushing to ban red light cameras statewide.  Most recently, Hallandale terminated its red light camera program - the first city in Broward County to do so.  Expect to see more cities reconsidering their programs in the future.

In the meantime, The Ticket Clinic is leading the red light camera ticket fight.  If you received a red light camera ticket and want to fight it, call us at 1.800.CITATION.

DUI 101

February 21st, 2014

DUI Squad - Field Sobriety Tests

Don’t drink and drive.  That’s a given.  But what happens when you have had too much drink and make the mistake of getting behind the wheel?  When you see those flashing lights in your rearview mirror, you could be facing a life-changing moment.

DUIs are very serious because they carry possible criminal consequences in addition to impacting your driving privileges.  The penalties for getting a DUI in Florida can include jail time, even for a first offense.  So it is critical to take a DUI seriously.

In addition, you will lose your license if you get a DUI – at least temporarily.  In Florida, when you get a DUI, the DMV immediately suspends your driving privileges.  The process to regain your driving privileges may be complicated. For example, if you fail to request a review hearing within 10 days of the receipt of your DUI, you lose the right to contest the suspension of your drivers license. For a first DUI, the automatic suspension is 6 months – a long time to be without a car.

If you have received a DUI, it is important that you know your rights and obligations.  Consider talking to an experienced DUI attorney at The Ticket Clinic. Our DUI lawyers concentrate solely on the art of defending DUI’s in Florida, California and nationwide.  Call us at 1.800.CITATION.

 

New City-Run Hearing Process Thwarting Challenges to Red Light Camera Tickets

January 2nd, 2014

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The Ticket Clinic’s Matt Aungst spoke to WFTV about the new red light camera hearings.  Under the new law, drivers can fight the ticket at a local city hearing rather than waiting for a Uniform Traffic Citation to be issued.  Before the new law went into effect, we hypothesized that the hearings, which are overseen by hearing officers, not judges, may be biased against the drivers.  That seems to be the trend.  However, the option to wait for a UTC and argue your case before a real judge is still an option that should not be ignored.

If you receive a violation and wish to fight it, consider talking to an experienced traffic ticket attorney.  The Ticket Clinic is leading the red light camera fight.  Call us at 1.800.CITATION with questions.