Traffic Offenses

There are moving and non moving violations. Some traffic infractions are civil and some are criminal.  In the world of Florida Driving, the laws can be pretty confusing.  For example.  Driving While License Suspended can be pretty tricky.  Let's say for example you forget to pay a parking ticket, or two and you move to another location in Florida or within the county.  You fail to update your address.  Because you failed to pay your parking tickets or speeding ticket your license may become suspended.  Let's say it becomes suspended and you had no notice and you are stopped for speeding.  If the Officer believes you had no notice your license was suspended he may ticket you for DWLSR without notice.  That is considered a civil matter.  If it is determined you had notice, maybe it is you have been stopped before for a DWLSR or you have been noticed several times the Officer may give you a criminal citation.  A DWLSR first offense is a second degree misdemeanor, up to 6 months in jail and a $500 fine.  If it is your second criminal offense then it is a misdemeanor of the first degree. If you are convicted of a DUI your license may be suspended however you may have a restricted license which permits you to drive for work and emergency situations.  If you are caught driving for other reasons then you will get a DWLSR.  Some people get multiple DWLSR's and end up with a revoked license for 5, 10, years or permanent revocation.  Driving While License Suspended or Revoked can keep people in the criminal system forever if fines are not paid or if they don't stop driving. 

Some people are confused between No Valid Drivers License and DWLSR.  What happens if you drive with no license.  Most likely you will receive NVDL.  NVDL is a second degree misdemeanor.  Sometimes the State will negotiate a DWLSR criminal infraction to a NVDL if a person pays their tickets or goes to driving school or pays child support [whatever the reason for suspending the license].  A NVDL is not as harsh and doesn't add up to the DWLSR pot. 

DWLSR:  Driving While License Suspended or Revoked
NVDL:  No Valid Drivers License

Your license can be suspended because you have accumulated points on your license.  Let's say you do everything right except speed.  Those speeding tickets can add up to losing your license.

Here is a list of infractions with their point value:

The Florida Traffic Violation Point System
Violation Points*
Leaving the scene of an accident resulting in property damage of more than $50 6
[LSA is also a criminal infraction second degree misdemeanor and if there are injuries LSA can be a Felony]

Unlawful speed resulting in an accident 6
Reckless driving 4
[Reckless driving can also be a misdemeanor and if there is serious bodily injury or death a felony]
Any moving violation resulting in an accident 4
Passing a stopped school bus 4
Driving During Restricted Hours 3
Unlawful speed - 16 MPH or more over lawful or posted speed 4
Unlawful speed - 15 MPH or less over lawful or posted speed 3
(Fines are doubled when infractions occur within a school zone or construction zone, with possible civil penalties up to $1,000 and can be required to complete driving school course.)
All other moving violations (including parking on highway outside the limits of municipalities) 3
Improper equipment or vehicle in an unsafe condition 2
(Operator corrects defects within 10 days from the date the traffic citation was issued) 0
Violation of curfew 3
Open Container as an operator 3
[Open Container is also a local ordinance violation depending on the municipalities]
Child Restraint Violation 3
*The driver receives the same number of points listed if the conviction occurs out-of-state or in a federal court.
Length of Suspension 12 points within a 12-month period 30 days
18 points within an 18-month period,including points which cause suspension under line 1 above 3 months
24 points within a 36-month period,including points which cause suspension under line 2 above 1 year

2 comments:

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