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Get on the path to results today.
Call for a free consultation today: 727-310-1975
111 S Moody Ave
Attorney for Criminal Traffic Crimes in Tampa, FL
Contact criminal defense attorney Chris Beardslee to discuss the benefits of filing and litigating motions to suppress evidence and motions to dismiss the criminal charges. By focusing on these types of criminal charges, we can stay current on recent changes in the law and innovative defenses.
Call 727-310-1975 to discuss the case today.
Different Types of Traffic Crimes in Florida
Most of the violations of chapter 316, Florida Statutes, are classified as noncriminal traffic infractions. Florida law, however, provides for several traffic violations that are classified as either a felony or a misdemeanor.
Criminal traffic crimes listed in section 318.17, Florida Statutes, include:
Other criminal offenses related to driving that are prosecuted in Hillsborough County, FL, include:
· No valid driver’s license
· Driving while license suspended
One common type of traffic crime is driving under the influence (often called DUI or DWI in other jurisdictions). Florida law allows for many different ways that Driving Under the Influence (DUI) can be charged include:
· First DUI
· Second DUI
· Third DUI
· Fourth DUI
· DUI with property damage or non-serious bodily injury
· Zero tolerance DUI
The most serious types of felony traffic crimes under Florida law include:
Definitions for Traffic Offenses Listed in Florida’s Chapter 316
Although some provisions of chapter 316 apply to owners of vehicles, most of the provisions of chapter 316 apply to drivers and operators.
For example, Section 316.003(10), Florida Statutes, defines a “driver” as “[a]ny person who drives or who is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle.”
The type of vehicle that is driven, operated, or controlled plays a role in the distinction between drivers and operators. The term “driver” and “driving” relate to “vehicles,” which include all devices for transportation, except those used exclusively on rails or tracks. See § 316.003(75), Fla. Stat.
On the other hand, Section 316.003(25), Florida Statutes, defines “operator” as “[a]ny person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle.”
The term “operator” and “operating” apply to specific types of “motor vehicles” defined in section 316.003(21) including “a self-propelled vehicle not including any bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy, or moped.”
Hardship Hearings for Early Reinstatement on a Restricted Basis
What happens if your license is suspended? Can you get a hardship license to drive? For many types of suspensions or revocations, you can apply for a hardship license if you meet certain conditions.
The hearing to determine whether you are entitled to a hardship license is conducted by hearing officers with the Bureau of Administrative Reviews (BAR) at one of their regional offices. The BAR has offices in both Tampa and Clearwater, FL, that serve all of the surrounding counties. Hearing officers are responsible for the scheduling, conducting, and documenting hardship hearings.
Section 322.271, Florida Statutes gives the Department of Highway Safety and Motor Vehicles (DHSMV) the authority to modify revocation, cancellation, or suspension orders. Hearing officers are authorized to conduct hearings and authorize reinstatement or early reinstatement on a restricted basis.
Eligibility for reinstatement or early reinstatement will be determined by the applicant’s driving history, current license status and driving needs in accordance with this manual, and all applicable laws and policies.
Upon the suspension, cancellation, or revocation of the driver’s license of any person the department is required to immediately notify the licensee and, upon request, is required to afford him or her the opportunity for a hearing, as early as practicable within not more than 30 days after receipt of such request.
Keep in mind that under Florida law, the following sanctions are not eligible for early reinstatement (often called the “hardship license”) including: