Criminal Traffic Offenses in Key Largo and Plantation Key
It is normal to sometimes press a bit harder on the gas pedal of a car. At times, one may have one too many drinks and still feel as if he is sober enough to get behind the wheel of a car. Maybe it is a license suspension that is violated or a red light that is ignored, but at one point or another, one may violate the traffic rules and regulations that have been put in place.
The criminal traffic violations definition is any violations that may subject the offender to a mandatory jail term. The criminal violation definition does answer the question of whether is a speeding ticket a criminal offense which has been addressed over the years.
The offenses are punished differently depending on whether or not the offense is a misdemeanor or a traffic infraction. The difference between traffic infraction vs misdemeanor is very slight. Traffic infraction get higher fines when compared to misdemeanors, and at times, the offender may suffer jail time. The following are some traffic offenses:
Examples of Criminal Traffic Offenses
Driving Under the Influence
One can be flagged down in any state in the US if their alcohol level is above a .08% blood alcohol concentration. DUIs are punishable differently, depending on what category of offense they are classified as. As a gross misdemeanor, a DUI can carry a jail term of up to 90 days, depending on the state. If it is a subsequent offense, the jail term might be a bit lengthier. In most states, however, a DUI is mostly treated as a minor offense and might warrant a ticket, the loss of driving privileges for a short period and a short sentence, mostly probation or 24 hours jail time.
Negligent or Reckless Driving
Negligence is defined as doing something without taking proper care. In driving, negligence is seen where when driving, you put other road users in danger. There are two levels of negligent driving: negligent driving in the first degree and negligent driving in the second degree. Negligence can be seen when a driver gets behind a car’s wheel when under the influence of a drug or alcohol. The difference between a DUI and negligent driving is that with negligent driving, a .08 alcohol concentration is not necessary, as all that has to be proven is the negligence of the driver. The punishments also vary, with negligent driving carrying a relatively heavier sentence.
Driving With a Suspended License
Driving while license is suspended is a criminal traffic offense that is punishable by a jail term. A driving license can be revoked for a number of reasons including permitting an unauthorized person to drive, conviction of a DUI, an expired driver's license or failure to appear in court because of another traffic offense. The punishment accorded to the offense is dependent on the results of the traffic misdemeanor background check. A first offender will receive a relatively friendlier punishment than a habitual traffic offender.
Other Criminal Traffic Offenses
The examples above are just the most common traffic offenses. Other examples are:
- The unlawful display of a license
- Leaving the scene of an accident after causing it
- Attaching tag not assigned to your car
- No valid registration
- The unlawful use of an identification card, among others
- No valid driver's license
- Racing on a highway
- Expired vehicle registration
- Refusal to submit to a breath test
- When driving a motocycle with no motorcycle endorsement licence
Defenses for Criminal Traffic Offenses
The nature of the misdemeanor determines the defense that will be prepared for that particular offense. The easiest way to get out of a traffic offense is by proving that the driver was not in his correct state of mind when he made the violation. To make the process of defending yourself much easier in case you are caught on the wrong side of the law, get a lawyer. If you are living in Florida, make sure you get a lawyer who is conversant with criminal traffic 13-d. It will be an added advantage.