Orlando Traffic Offense Defense Lawyer

If you have been charged with any type of traffic offense in Orlando please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your traffic offense charge dismissed or reduced.

Former Traffic Offense Prosecutor

As a former traffic offense prosecutor Chris has an understanding of what can be important to the prosecutor in your Orlando traffic offense case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your traffic offense case.

Orlando Traffic Offense Defense Lawyer Since 1999

Chris has been defending individuals in Orlando charged with traffic offense since 1999. Being an Orlando traffic offense defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Orlando that handle traffic offense cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your traffic offense case.

Different Orlando Traffic Offense Defense Lawyers Get Different Results

When you have been charged with any type of traffic offense in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A traffic offense conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.

Information About Orlando Traffic offense Charges

There are many different types of criminal traffic offenses. Some of most common criminal traffic offenses prosecuted in Orlando are no valid driver license, reckless driving, racing, attaching tag not assigned, violation of a drivers license restriction, fleeing or eluding, expired drivers license and no motorcycle endorsement.

NO VALID DRIVER LICENSE

A person may not drive any motor vehicle upon a highway in the state of Florida unless such person has a valid driver’s license. Unless a person drives a commercial motor vehicle a person may not be convicted if, prior to or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a driver’s license issued to him or her and valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time prior to the Defendant’s appearance in court. Driving without a valid driver’s license is a second-degree misdemeanor punishable by a maximum of 60 days in jail and/or 6 months probation and/or a $500 fine.

RECKLESS DRIVING

Any person who drives any vehicle in a willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Willful means intentionally, knowingly and purposely. Wanton means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property. Reckless driving is a criminal traffic violation that is punishable for a first conviction by up to 90 days in jail and/or a fine of not less than $25 but not more than $500 and punishable for a second conviction by up to 6 months in jail and/or by a fine of not less than $50 but not more than $1,000. If the person drives in a reckless manner and as a result causes damages to the property or person of another then the reckless driving charge is a first degree misdemeanor punishable by a maximum of 1 year in jail and/or 1 year probation and/or a $1,000 fine. If the person drives in a reckless manner and as a result causes serious bodily injury the reckless driving charge is a third degree felony. A third degree felony is punishable by a maximum of 5 years in prison and/or 5 years on probation and/or a $5,000 fine. The term “serious bodily injury” means injury to another person, which consists of a physical condition that cre4ates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

RECKLESS DRIVING (ALCOHOL RELATED)

In addition to any above mentioned penalty for reckless driving, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in Florida Statute 877.111, or substances controlled under Florida Statute chapter 893 contributed to a reckless driving violation, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in Florida Statute 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in Florida Statute 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The reckless driver shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under Florida Statute 316.192(5) fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the Florida Department Of Highway Safety And Motor Vehicles (department) of the failure. Upon receipt of such notice, the department shall cancel the person’s driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program.

RACING

A person may not drive any motor vehicle, including any motorcycle, in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record on any highway, roadway or parking lot. A person may not in any manner participate in, coordinate, facilitate or collect moneys at any location for any such race, competition, contest, test or exhibition. A person may not knowingly ride as a passenger in any such race, competition, contest, test or exhibition. A person may not purposefully cause the movement of traffic to slow or stop for any such race, competition, contest, test or exhibition. Racing is a second-degree misdemeanor punishable by a maximum of 60 days in jail and/or 6 months probation and/or a $500 fine in addition to a mandatory 1 year loss of driving privileges.

ATTACHING TAG NOT ASSIGNED

It is unlawful for any person to knowingly attach to any motor vehicle or mobile home any registration license plate, or to knowingly any validation sticker or mobile home sticker to a registration license plate, which plate or sticker was not issued and assigned or lawfully transferred to such vehicle. Attaching tag not assigned is a second-degree misdemeanor punishable by a maximum of 60 days in jail and/or 6 months probation and/or a $500 fine. In order to prove you committed the crime of attaching a registration license plate, validation sticker or mobile home sticker the State needs evidence that:

You attached the improper registration license plate, validation sticker or mobile home sticker to the motor vehicle or mobile home.
You knew the registration license plate, validation sticker or mobile home sticker was improper for that motor vehicle or mobile home.
You attached the improper registration license plate, validation sticker or mobile home sticker to the motor vehicle or the mobile home in the county in which you are charged with the offense.

VIOLATION OF A DRIVER LICENSE RESTRICTION

The Florida Department of Highway Safety and Motor Vehicles, may impose restrictions on the use of a driver license with respect to time and purpose of use or may impose any other condition or restriction that the Florida Department of Highway Safety and Motor Vehicles considers necessary for driver improvement, safety, or control of drivers in the State of Florida. It is unlawful for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a driver license issued to him or her by the Florida Department of Highway Safety and Motor Vehicles. Violation of a driver license restriction is a second-degree misdemeanor punishable by a maximum of 60 days in jail and/or 6 months probation and/or a $500 fine.

According to Florida Statute section 322.271 a driving privilege restricted to business purposes only means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, driving for church and for medical purposes.

In order for the State of Florida to prove you committed the crime of violation of a driver license restriction, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:

Why were you driving?
What evidence does the State of Florida have to prove the reason why you were driving?
Did you provide any statements regarding the reason why you were driving?
Were you read your Miranda rights?

FLEEING OR ELUDING

It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer. Fleeing or Eluding is a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.

In order for the State of Florida to prove you committed the crime of fleeing or eluding, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:

Were there any witnesses to the incident and if so did they provide a statement?
Did you know you had been ordered to stop?
Was the vehicle marked with law enforcement agency insignia?
Was the officer’s emergency equipment activated?
How far did your vehicle travel after you knew you had been ordered to stop?
Did you want to stop in a safe well-lit area?
Did you commit any traffic infractions after you knew you had been ordered to stop?

EXPIRED DRIVERS LICENSE

It is a second degree misdemeanor punishable by a maximum of 60 days in jail and/or 6 months probation and/or a $500 fine for any person whose driver license has been expired for more than 6 months to operate a motor vehicle on the highways of the State of Florida.

NO MOTORCYCLE ENDORSEMENT

It is a second degree misdemeanor punishable by a maximum of 60 days in jail and/or 6 months probation and/or a $500 fine for any person to operate a motorcycle unless he or she holds a driver license that authorizes such operation.

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Orlando Criminal Defense Lawyer