Traffic Tickets Archives

by rhinoadminNovember 1, 2023 Traffic Tickets0 comments

What Is the Penalty for a DUI With a Child Passenger?

Each time someone gets behind the wheel of a vehicle while impaired, they risk becoming a statistic. In 2021, over 13,000 people died from alcohol-related traffic incidents. The worst detail about this metric is that every death was preventable.

While driving under the influence doesn’t always result in an accident, it comes with the risk of severe penalties. This is particularly true if you’re drinking and driving with a child passenger. Let’s explore what the Florida DUI penalty chart has to say about a scenario like this.

What Is the Florida DUI Penalty Chart?

This figure helps people better understand the punishment for different Florida DUI scenarios. As you might expect, repeat offenders will experience harsher penalties. However, those with a minor in the vehicle at the time of the incident will also face great consequences.

Listed below are details about what to expect in different scenarios where a minor is present. Keep in mind that you can also experience the same penalties if you have a blood alcohol concentration (BAC) of 0.15% or above. Additional penalties for each offense include 50 hours of community service, DUI school completion, and substance abuse evaluation.

First Offense

Your first offense with a minor in the vehicle could land you up to nine months in jail or probation for up to one year. You face a potential fine of $1,000 to $2,000.

If your license is suspended, it will be for 12 months. Your vehicle will be impounded for at least 10 days. Those convicted in this scenario will also be required to have an ignition lock on their vehicle for six months.

Second Offense

Second offenders who have a minor in the vehicle face up to 12 months in jail. Depending on the judge’s ruling, you could be on probation for up to one year.

Fines range from $2,000 to $4,000. Your license could potentially be suspended for five years.

If this is your second conviction within five years, your vehicle will be impounded for 30 days. Otherwise, it will be for 10 days. Those ordered to install ignition interlock devices will be required to do so for a one-year minimum.

Third Offense

A 12-month jail sentence and probation of up to one year are the primary consequences you face for a third offense. A fine between $4,000 and $5,000 is also a possibility.

If the judge suspends your license, they’ll do so for 10 years. If this is your third offense within 10 years, your car will be impounded for 90 days.

For offenses outside of this range, your car will be impounded for 10 days. Ignition interlock devices must be installed for a minimum of two years.

Fourth Offense or Greater

This scenario carries the harshest penalties. From the fourth offense onward, you’ll be charged with a felony instead of a misdemeanor and face up to five years in prison. Your probationary period can also last up to five years.

Fines range from $2,000 to $5,000. Instead of license suspension, it will be permanently revoked. The judge will decide how long your vehicle stays impounded.

Although your license will be permanently revoked, you can still obtain a hardship license. This allows you to travel only to certain locations, such as work, school, or the doctor’s office. For this reason, you’ll need an ignition interlock device in your vehicle for at least two years.

What to Do if Pulled Over

If you get pulled over while driving under the influence, it’s essential to understand the right course of action. This could dictate whether you achieve a favorable outcome. Let’s look at the key steps below.

Safely and Calmly Pull Over

You should immediately pull over, and come to a complete stop. It’s crucial to remember that every aspect of the stop, including your driving leading up to it, is being documented when you’re pulled over for DUI.

Maintain Your Politeness

The interaction with the officer is being both audibly and visually recorded. Ensure that your behavior does not give anyone reviewing the recording reason to think you were impolite, unreasonable, or under the influence of alcohol. Always address the officer as “sir or ma’am” and refrain from any confrontational behavior.

Do Not Confess to Drinking

Following a Florida DUI stop, you must provide the police officer with your identification, driver’s license, registration, and insurance information. However, you are not obligated to respond to any potentially self-incriminating questions they may ask, such as “how much have you had to drink tonight?” You are not required to answer this question, and it is in your best interest to remain silent and avoid providing any information. Remember that the conversation is being recorded, and any admission of drinking can and will be used against you in a court of law.

Request Legal Counsel

If you are arrested, look into hiring a lawyer as soon as possible. At the scene and during the aftermath, say only what’s necessary to law enforcement.

Don’t attempt to explain yourself. Your lawyer will provide advice to get you on the right track.

Finding a Legal Professional

When searching for an attorney to work with, thoroughly examine their reputation. This will provide insight into the experience you’ll get.

Look into their payment structure, as well. The last thing you want is to deal with unexpected fees or expenses.

Prioritize lawyers who concentrate in this area of law. The more cases they’ve handled, the better.

Ask if they will delegate your case to someone else at their firm. This isn’t inherently a bad thing, but it could lead to someone you’ve never met handling the bulk of your case.

If they do plan on delegating, ask to meet the person they’ll give the case to. From here, you can determine whether that individual meets your needs.

Never Drive Under the Influence

Even if you’re only driving around the corner, getting behind the wheel after you’ve been drinking can have terrible consequences. Consider the information on the Florida DUI penalty chart and use these facts as a deterrent. Even a single incident can derail your entire life.

For those who need legal help, it’s best to get in touch with RHINO Lawyers. Our team of reputable legal professionals can assess your situation and come up with the best solution.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.

Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.

by rhinoadminOctober 25, 2023 Traffic Tickets0 comments

What Is the RIDR Program and How Can I Benefit From It?

Driving under the influence is becoming a bigger and bigger problem in Florida. In 2021, there were nearly 44,000 drivers in the Sunshine State charged with a DUI.

To address this problem, Florida came up with a DUI diversion program called the Reducing Impaired Driving Recidivism Initiative (RIDR) to discourage people from doing this again.

Depending on your type of DUI, you could become eligible for this program. You increase your chances of this even further when you have the proper lawyer by your side.

What is this program? Who is eligible? How can a lawyer help you get into a RIDR program in Florida?

Read on for a guide that answers all of those questions and more.

What Is the DUI Diversion Program?

The DUI diversion program is a program that Florida came up with to try to help people charged with a DUI avoid getting charged with it again. Also, it is to educate drivers who are facing this charge about the dangers of driving under the influence.

Hillsborough happens to be one of the only counties in the state that currently offers this type of program. This program directly targets people who are just facing DUI charges.

Eligibility

There are certain requirements that you have to meet to be eligible for this program.

For starters, you can only enter this program if it is your first DUI. If you or a loved one have a past with DUI charges, you are not going to be eligible for the RIDR program this time around.

Then, you have to consider what type of DUI charge that you may be facing. That is because Florida only allows people with certain DUI charges to participate in this program.

The main requirement here is that this is a misdemeanor DUI. If you or a loved one have a felony DUI charge pending, you are not eligible to participate in this program.

Then, you have to account for who was in your vehicle at the time of this DUI. If there was any sort of minor in the vehicle, you lose your eligibility for this program.

Your BAC level can play a role in your eligibility as well. To meet this requirement, your BAC level had to have been under .20.

Review your case and consider talking to a DUI lawyer to see if your case is eligible for this program.

Program Levels

Another important thing you need to know about this program is that there are three different levels that the program offers. This depends on what kind of DUI charge you are facing.

However, there are a few things that apply to each one of the levels mentioned. The first is that if you have prior felony charges, you are not eligible for any of these program levels.

Level 1

This tends to be reserved for the least serious DUI charges.

The main thing you need here is a BAC level below .15. So, what do you have to do to complete the Level 1 program?

You have to have continuous alcohol monitoring and an ignition interlock alcohol device in your vehicle for at least three months. You will also have to complete 50 hours of community service.

Level 2

People who enter the Level 2 program are those with a BAC above .15 during their DUI conviction. The main differences are that community service hours increase to 75 and the ignition interlock alcohol device has to be on your vehicle for six months.

Level 3

Finally, this level is reserved for those who are facing drug charges surrounding their DUI rather than just alcohol.

With this level, people have to complete 50 hours of community service. On top of this, people at this level are required to wear an Abuse Patch for three months to make sure that they are not using drugs.

How a Lawyer Can Help

Now that you have a better understanding of what the RIDR program is, you may be wondering how a lawyer can help you with this. Well, there are a few big ways that they can have an influence with this case.

The first part of this is just having knowledge about this program. Since this is something that is only available in certain parts of Florida, it may not be given that a defendant knows about this program.

A lawyer is likely to have extensive knowledge of this program and what type of clients they have who can end up eligible for this. A lawyer has enough experience to pursue this option on your behalf if you meet the criteria mentioned above.

Also, lawyers can provide you with the legal counsel that you need to get a lighter sentence here. This can be anything from your behavior in court to what you need to confess to, what your options are, why this is the best option for you, and more.

Finally, lawyers can act as your voice when it comes time to talk to a prosecutor and a judge. During a certain point in this proceeding, a lawyer and a prosecutor are likely going to sit down and negotiate what your penalties will be for a DUI.

A lawyer is the person who will vouch for you and provide the best argument as to why you deserve to be part of this program. To take this a step further, your lawyer may even try to get you into the program at a lower level compared to what you may get on your own.

In other words, lawyers tend to be great negotiators. Let one with this talent act on your behalf.

Hire a DUI Lawyer

This is some information that you could use when it comes to the DUI diversion program.

You need to be aware of what criteria you need to meet to even enter this program. Then, get an understanding of what you have to do at each level of the program. Finally, let a lawyer negotiate the right program level for you.

If you or a loved one is facing a DUI charge, you should talk to a DUI lawyer about your options. Get a free case review from us here.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminOctober 18, 2023 Traffic Tickets0 comments

DUI Penalties in Florida and How to Handle Them

The DUI laws in Florida aren’t quite as strict as they are in states like Arizona, Georgia, and Alaska. Florida DUI laws tend to fall somewhere in the middle of the pack when it comes to strictness.

But that doesn’t mean getting a DUI in Florida will be a walk in the park. Like most other states, Florida has put serious DUI consequences into place to deter people from driving under the influence of alcohol and/or drugs. As a result, you will face harsh Florida DUI penalties if you’re ever convicted of DUI.

This Florida DUI penalty chart that we’ve put together shows the potential penalties you may face if you’re ever arrested for DUI in the state. It’ll help show you why you should hire a Florida DUI lawyer immediately to handle your DUI case and hopefully help you avoid having to deal with the worst Florida DUI penalties possible.

Check out our Florida DUI penalty chart below.

First Offense

After getting a DUI in Florida for the first time, you’ll face a handful of DUI penalties that will be designed to make you think twice before you ever get behind the wheel after using alcohol and/or drugs again. From fines to jail time to community service, you’ll likely have to deal with a variety of DUI consequences.

The first entry on our Florida DUI penalty chart looks like this:

Fines: $500 to $1,000
Jail Time: 1 day to 6 months
Probation: Up to 1 year
Loss of License: 180 days to 1 year
Impounded Vehicle: 10 days
Breath Alcohol Ignition Interlock Device Installation: 0 days to 6 months
Other Florida DUI Penalties: 50 hours of community service, required substance abuse counseling, and DUI school

First Offense With a Minor in Vehicle or BAC Level of 0.15

If you get a DUI in Florida for the first time while you have a minor in your vehicle or while your blood alcohol content level is at or above 0.15, you’ll face harsher Florida DUI penalties than usual. Each of the DUI consequences that we just discussed will be ratcheted up to the next level.

This is what these Florida DUI penalties will look like:

Fines: $1,000 to $2,000
Jail Time: 1 day to 9 months
Probation: Up to 1 year
Loss of License: 180 days to 1 year
Impounded Vehicle: 10 days
Breath Alcohol Ignition Interlock Device Installation: 6 months to 1 year
Other Florida DUI Penalties: 50 hours of community service, required substance abuse counseling, and DUI school

Second Offense Within 5 Years

If you get a second DUI offense in Florida, the timing of it will impact the DUI consequences you’ll face. These consequences will be on the stricter side if your second DUI arrest occurs within 5 years of the first one.

Here are the Florida DUI penalties you’ll be looking at if you’re convicted of DUI twice in the state:

Fines: $1,000 to $2,000
Jail Time: Minimum 10 days to 9 months
Probation: Up to 1 year
Loss of License: 5 years or more
Impounded Vehicle: 30 days
Breath Alcohol Ignition Interlock Device Installation: At least 1 year
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Second Offense Within 5 Years With a Minor in Vehicle or BAC Level of 0.15

The Florida DUI penalties for someone who has been convicted for a second time in 5 years are already very harsh. Because of this, the DUI consequences for getting a second offense within 5 years with a minor in your vehicle or a BAC level of 0.15 or higher aren’t that dramatically different.

Take a look at the penalties you’ll face in this instance:

Fines: $2,000 to $4,000
Jail Time: Minimum 10 days to 12 months
Probation: Up to 1 year
Loss of License: 5 years or more
Impounded Vehicle: 30 days
Breath Alcohol Ignition Interlock Device Installation: At least 1 year
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Second Offense After 5 Years

If you end up getting a DUI in Florida for the second time but it takes place at least 5 years after your first conviction, the Florida DUI penalties will be slightly less harsh than they would be otherwise. But you’ll still find yourself dealing with some serious DUI consequences.

This is how these consequences will break down:

Fines: $1,000 to $2,000
Jail Time: 1 day to 9 months
Probation: Up to 1 year
Loss of License: 180 days to 1 year
Impounded Vehicle: 10 days
Breath Alcohol Ignition Interlock Device Installation: At least 1 year
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Second Offense After 5 Years With a Minor in Vehicle or BAC Level of 0.15

If you get a DUI in Florida for the second time after 5 years but you have a minor in your vehicle or a BAC level of 0.15 or higher, your Florida DUI penalties will be slightly harsher than if you weren’t arrested under these circumstances. Florida does not take kindly to DUIs that involve minors being in a vehicle or an especially high BAC level.

Here is how you’ll be penalized in this case:

Fines: $2,000 to $4,000
Jail Time: 1 day to 12 months
Probation: Up to 1 year
Loss of License: 180 days to 1 year
Impounded Vehicle: 10 days
Breath Alcohol Ignition Interlock Device Installation: At least 1 year
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Third Offense Within 10 Years

Getting arrested for DUI in Florida for the third time within 10 years can carry some of the most serious DUI consequences of all. The Florida DUI penalties that you’ll face might have a huge impact on your lifestyle.

This is what you may be facing following a third DUI arrest in a decade:

Fines: $1,000 to $5,000
Jail Time: Minimum 30 days to 12 months
Probation: Up to 1 year
Loss of License: 10 years or more
Impounded Vehicle: 90 days
Breath Alcohol Ignition Interlock Device Installation: At least 2 years
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Third Offense Within 10 Years With a Minor in Vehicle or BAC Level of 0.15

Getting arrested for DUI in Florida for the third time within 10 years with either a minor in your vehicle or a BAC level of 0.15 will subject you to even more serious DUI consequences. Just like with the previous examples listed on this Florida DUI penalty chart, you’re going to face stricter penalties under these circumstances.

Here are the Florida DUI penalties you’ll face:

Fines: $4,000 to $5,000
Jail Time: Minimum 30 days to 12 months
Probation: Up to 1 year
Loss of License: 10 years or more
Impounded Vehicle: 90 days
Breath Alcohol Ignition Interlock Device Installation: At least 2 years
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Fourth Offense

If you happen to get arrested for DUI in Florida for a fourth time this can be considered a felony. You will run the risk of losing your driver’s license for good. You’ll also face other DUI consequences that could change your life forever, like extensive jail or prison time.

Check out the Florida DUI penalties for a fourth DUI offense and conviction:

Fines: $2,000 to $5,000
Jail Time: 1 day to 5 years
Probation: Up to 5 years
Loss of License: Permanent
Impounded Vehicle: 90 days
Breath Alcohol Ignition Interlock Device Installation: At least 5 years
Other Florida DUI Penalties: Required substance abuse counseling and DUI school

Getting a fourth offense with a minor in your vehicle or a BAC level of 0.15 or above will carry the same Florida DUI penalties. You will no longer be able to drive in the state after four DUI convictions. You could also be looking at serious jail or prison time.

Call Us for More Details on This Florida DUI Penalty Chart

This Florida DUI penalty chart shows how seriously the state of Florida takes DUI convictions. It has put strict DUI consequences in place in an attempt to stop people from drinking and driving or driving while under the influence of drugs.

But as you’ve seen after looking at this Florida DUI penalty chart, at least some of the Florida DUI penalties vary quite a bit. For instance, you could end up in jail for anywhere from just over a week to a full year following a second DUI arrest and conviction.

With this in mind, you should hire a great Florida DUI lawyer to help you if you’re ever arrested for DUI. They can work to minimize your DUI consequences or potentially even get your DUI case dismissed completely.

Contact RHINO Lawyers to learn how our law firm can help you.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminOctober 11, 2023 Traffic Tickets0 comments

What Are the Laws for Driving in a School Zone?

Did you know there are over 100,000 schools in the United States? The sheer number of schools in our country means that sooner or later, you’re bound to drive through a school zone. Whenever you see school zone signs, you can adjust your speed and be alert for children. But what are the speed limit restrictions for Florida school zones? And what happens if you commit an infraction while driving in one of these zones?

If you want to discover the answers to these questions, you’re in the perfect place. This guide will help teach you everything you need to know about the laws for driving in a Florida school zone. That way, you can drive safely whenever you approach a school.

What Are School Zones?

School zones refer to either the immediate areas around a school or crosswalks near a facility. When a driver enters a school zone, they need to pay extra attention to potential children and parents crossing the street.

Sometimes there are crossing guards in school zones to facilitate the safe flow of traffic. A driver will also need to reduce their speed when driving in a school zone.

However, usually these speed restrictions only occur in the morning and afternoon, when kids are being dropped off and picked up. School zones are marked either by school zone signs or flashing lights.

What Do School Zone Signs Look Like?

School zone signs are shaped like an irregular pentagon. That means that it has a triangle on the top, with a square shape on the bottom. The fluorescent yellow signs also contain black symbols of people crossing the street.

These signs are placed all around the school. However, they’re usually confined to crosswalks and places where children often play.

What Are the Speed Limit Restrictions for These Zones?

The laws surrounding Florida school zone speed limits come from the state’s statute 316.1895. This law states that the maximum speed limit in a school zone is twenty MPH. Why is this law needed?

If a child runs into the middle of the street, it gives drivers enough time to react and brake. Additional state school zone driving laws also state that it’s illegal to use your cell phone and text/drive while in a school zone.

You can also get violations if you refuse to follow a crossing guard’s instruction or fail to yield to pedestrians. If you want to read the Florida statutes in their entirety, you can do so by visiting this resource here.

Fines for School Zone Driving Infractions

When you get an infraction in a school zone, it’s counted as a moving violation. Usually, the moving violation fine will start at $50. However, if it occurs in a school zone, then it’s doubled.

It’s also important to note that it can increase depending on how fast you were going by five MPH increments. So if you fly through a school zone going fifty MPH, you can expect some pretty hefty fines.

If you get a traffic ticket in a school zone, we don’t recommend paying it right away. Why? Because it can lead to an automatic conviction and points on your driver’s license.

If you get enough points on your driver’s license, it can result in the suspension of your license. Instead, contact a lawyer who focuses on traffic tickets. They can advise you on the best course of action for your specific circumstances.

What Are Common Accidents That Occur in a School Zone

School zones are there for a reason: they are extremely vulnerable to accidents. Not only are people frequently crossing the street, but vehicles are also stopping suddenly to unload children.

Some of the more common accidents you’re likely to encounter include things like:

Car door accidents occur when a cyclist or vehicle hits an open car door
Pedestrian accidents occur when someone is hit on a busy road
Rear-end collisions from sudden stops to drop off or pick up children
Bicycle accidents from children biking to school

If you’ve been involved in one of these accidents, it’s vital to contact a personal injury attorney as soon as you’re able. You can avoid these costly accidents by following the tips laid out in the next section.

Tips for Driving Safely in a School Zone

Obeying the speed limit in a school zone is one of the main things you can do to prevent accidents. However, there are other precautions you can take to drive safely in these zones.

For starters, never try to pass a stopped vehicle in a school zone. There’s a good chance that this parked car is either loading or unloading children. As such, you could hit them if you try to pass. It’s also important to be alert when in these zones.

Children aren’t like adults. They often move unpredictably. They might try to cross in an area that doesn’t have a crosswalk. Or they might run into the street to grab something.

Be on the lookout to avoid these hazards. Lastly, if you stop at an intersection, make sure your vehicle isn’t blocking the crosswalk. This will force children and other pedestrians into the street, which can make them a potential hazard for other vehicles.

Got a Traffic Ticket From Driving in a School Zone? Contact RHINO Lawyers

We hope this guide helped you learn more about school zone signs, speed limits, and infractions. As we mentioned before, if you have multiple points on your license, then a school zone traffic ticket could result in either civil penalties or a potential suspension of your license.

If you find yourself in this situation, it’s important to contact a professional like the kind found at RHINO Lawyers. Our team has extensive experience when it comes to auto laws in the state of Florida.

So, whether you’ve been injured in an accident, or need help dealing with traffic tickets, we can help you. Contact us today to schedule your free video consultation.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminOctober 4, 2023 Traffic Tickets0 comments

The Hidden Costs of Speeding Tickets in Florida

Most speeding tickets in Florida come with a $200 to $300 price tag. And if you thought that amount was high, take note. Play your cards wrong, and you could find yourself paying up to $1,000 if caught going 50mph over the speed limit. The fees you pay vary according to how fast you’re going. As well as, if they catch you speeding in a specific zone. When it comes to speeding, the best way to protect yourself is to drive within the speed limit. If you thought fines were hefty, there is a pretty good reason why. Speeding comes within the top five most common causes of car accidents, after distracted driving, drunk driving, poor weather, and reckless driving or road rage. If you do tend to push the pedal to the metal, then be aware of the hidden costs that can accompany a speeding ticket.

The Hefty Costs of Point Suspensions

When you receive a ticket, you can earn points which, when accumulated, can cause your license to be suspended. If you receive 12 points within 12 months, you receive a 30-day suspension. For 18 points within 18 months, you get a 3-month suspension. Meanwhile, for 24 points within 36 months, you can receive a 1-year suspension. Simply add up how much taking a car saves you time on public transport, and taxis or Uber. Can you afford to lose your license by racking up points?

Paying More for Insurance

If you are budget-conscious, then one area you may try to save on is insurance. You might do this by choosing a vehicle type that is generally cheaper to insure—for instance, an SUV with a positive rating and reputation for safety or a safe family sedan, as opposed to a car known for its speed. What’s more, is that some brands (including Dodge and Tesla—known for speed—and whose vehicles can be expensive to repair) are pricier than others to insure. If you are looking to save unnecessary expenditures, be aware that in Florida. There is an average 22% increase in a driver’s insurance rate if they get a speeding ticket. This makes sense considering the big role that speeding has played in countless accidents.

Additional Penalties

Drivers have an obligation to stick to speed limits regardless of where they are driving. However, with a view to keeping children safe, Florida lawmakers have created more serious consequences for those violating the law in zones where children are going to and coming from school. As such, you will have to pay a higher fine than average if you get caught speeding in one of these zones. And you can also cause you to lose more points. In general, you can expect to pay double the amount you would for a standard speeding ticket. Moreover, you will have obtained at least 3 points on your license, or 4 points if you’re going 16mph or over the limit, and 6 points if speeding leads to a crash.

More Hidden Costs

Be careful of pleading guilty to speeding in Florida. Doing so will mean you will have a conviction on your record. Seek the help of a traffic lawyer to avoid indirect costs. The latter can range from out-of-pocket costs for Uber and Lyft to strained relationships with family and friends who you may ask to help you out. While many people would undoubtedly like to ease your burden. Everyone has their own obligations and needs, and they may be unable to adapt to your schedule.

Why Is it Wise to Hire a Lawyer if You Get a Speeding Ticket?

Convictions can have a big impact on your life. So it is always a good idea to hire a traffic lawyer who knows the rules of the road to help reduce the negative consequences. And potentially get your ticket reduced or dismissed. Lawyers who practice in this field know the ins and outs of the relevant legislation. Plus, they rely on various strategies to help their clients. For instance, they may see it fit to challenge the validity of a radar or laser that was used to record your speed.

Clearly, the costs of receiving a citation for speeding in Florida can go way beyond the cost of the fine itself. You can rack up points, end up paying higher insurance premiums, and ultimately find yourself with a suspended license. Therefore, avoid turning your life upside down by sticking to the speed limit and seek legal advice if you are ticketed.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminOctober 4, 2023 Traffic Tickets0 comments

What’s the Difference Between ‘Nolo Contendere,’ ‘Nolle Prosequi,’ and ‘Guilty Plea?’

Going to court in Florida can be daunting. After all, the Sunshine State has 94 different courts, each with different personalities and oppositions you have to deal with.

If you have never been to court, you may think there are only guilty and not guilty pleas as options. As any good lawyer will tell you, these pleas only scratch the surface.

What are the biggest differences between guilty vs. no contest and the other types of pleas available? Read on to find out the answers to these questions and more.

Guilty vs. No Contest

Before we get into the biggest differences between these pleas, let’s go over what guilty and no-contest pleas share in common.

The main thing that these two have in common is that with both pleas, the defendant accepts a conviction and the consequences that go with it by the court. That’s about where the similarities end. Below, we spell out the main differences between these pleas.

Guilty

First, what is the guilty plea? When you plead guilty, you fully admit to the crimes or civil charges against you. You are also owning up to your actions and accepting responsibility.

Someone might plead guilty if it’s the best way to negotiate in a plea bargain. For example, the plaintiff or prosecutor may offer the defendant a better deal with their punishment or charges if the defendant pleads ‘guilty’ to a charge. This saves everyone time and effort to pursue this case further and allows both sides to reach some sort of compromise.

If a defendant pleads ‘not guilty’ in a case, then the defendant can face more severe penalties if they are still ruled guilty. Because of this, they may plead guilty to prevent the possible penalties associated with the crime. It could reduce fines and keep them out of jail.

No Contest – nolo contendere

The other option that some people may choose to go with is a no-contest plea. Also known as “nolo contendere,” many people fail to understand the difference between nolo contendere vs. not guilty pleas, so here’s a quick explainer.

With the not guilty plea, you admit guilt to the charges against you. Comparably, with a nolo contendere plea, you are not admitting guilt. The only thing you are doing is accepting the penalties the court applies to you.

Let’s say that you got charged with a DUI. However, you are a public figure in your local area. As such, you are concerned about what this could do to your reputation, your social life, and even your career.

A no-contest plea here allows you to accept similar penalties without fully admitting that you did anything wrong. As a result, this can make it more difficult for someone to face civil penalties or consequences.

Some people may choose this as an alternative to going to trial. Considering that defendants lose 90% of cases that go to trial in civil lawsuits, they may look at it as a way to avoid losing a lot more down the road.

What Is Nolle Prosequi?

Nolle prosequi means “unwilling to pursue.” It refers to a formal notice from a plaintiff or prosecutor that they will be abandoning their civil or criminal lawsuit. However, it must be entered before the judge returns the verdict.

How a Lawyer Can Help With Guilty and No Contest Pleas

Now that you understand the differences between each of these pleas, it is time to discuss how a good lawyer comes into play for a guilty plea and a no-contest plea. Let’s take a look at what lawyers do for each plea.

Lawyers and Guilty Pleas

What can a lawyer do for someone who is pleading guilty to charges presented to them? The two biggest things are convincing the defendant that this is the best move for them as well as negotiating the penalties down.

Let’s go back to the DUI example. If a court wants to rule you guilty, you may be thinking about how unfair it is and that something went wrong during the process.

Two things can happen here. A lawyer can look at the case and tell a defendant that there is nothing more that they can do. They can also provide legal counsel and tell the defendant how much more severe the penalties can get if a defendant continues to pursue this.

Then, a lawyer can sit with a prosecutor and discuss terms. Once a lawyer can get a defendant on board with pleading guilty, it becomes easier to negotiate said penalties.

Examples can be that the defendant does not spend any time in jail rather than up to a year. Or their community hours are about 20% of the maximum amount allowed in the state.

In other words, the right lawyer helps keep penalties down to a minimum.

Lawyers and No Contest Pleas

One of the biggest things a lawyer can do in this position is to let a defendant know that they even have this option. The right legal counsel can explain the benefits of a public figure doing this rather than pleading guilty.

If a lawyer is set on this being the best move for their client, they can also use this as part of a negotiation tactic. Just like the above, they are eventually going to have to sit in the same room as a prosecutor and talk about this case.

They can talk to a prosecutor and get an idea of what the penalties might be for their client.

Also, a lawyer is more likely to see what the future consequences could be for either plea. If they can see a civil lawsuit coming after this case, they will know that a no-contest plea can help someone down the road.

Hire the Right Lawyer

These are the main things you need to know about a guilty vs. nolo contendere plea. With the former, you are admitting that you committed a crime or a wrong action. With the latter, you are merely accepting the consequences that would likely come from a guilty plea without admitting the actual guilt.

A good lawyer can help you decide which plea is right for your case. Get a free case review from us today.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminDecember 28, 2022 Traffic Tickets0 comments

Know Your Rights When Stopped at a Florida DUI Checkpoint

Even with fewer drivers on the road, alcohol is the leading cause of traffic fatalities. Every year, we lose over 10,000 people to drunk driving.

One way to combat drunk driving is to use DUI checkpoints, also known as sobriety checkpoints. Unfortunately, these checkpoints can be very stressful. If you’re not sure how to behave, you can easily incriminate yourself.

Want to prepare for encountering a Florida DUI checkpoint? Here’s all you need to know about what to expect and how to protect your rights.

Are DUI Checkpoints Legal?

Some states lack the statutory authority to conduct DUI checkpoints. That said, Florida is on the list of 38 states where these checkpoints are legal.

According to the GHSA, there are about 15 to 20 DUI checkpoints set up in Florida each month. Some of these checkpoints are permanently manned. Others are set up in random locations, usually in high-risk areas.

It’s important to remember that DUI checkpoints serve a valuable purpose. Still, the officer conducting them may violate your constitutional rights. If you believe this is the case, contact a professional Florida DUI lawyer.

DUI Checkpoint Laws

Not sure which procedures officers must follow while manning a DUI checkpoint in Florida? Here are three common examples.

The Three-Minute Rule

As the name implies, Florida officers can’t detain a motorist at a sobriety checkpoint for more than three minutes. If they determine probable cause, however, they can keep a vehicle for much longer.

If a stop takes longer than three minutes without cause, the officer must suspend the diversion of vehicles. A checkpoint may also be unreasonable if it ends up holding up upcoming traffic.

Checkpoint Scheduling

Law enforcement agencies must provide information about any scheduled DUI checkpoints. If you don’t want to deal with this inconvenience, you can simply avoid those areas. This information is available at DUIBlock.

Determining the DUI Formula

Officers must determine the procedure for pulling drivers over before establishing the checkpoint. Their selection must be fair and random. For example, they may decide to pull over every third car passing through.

Avoiding the Checkpoint

A DUI checkpoint is legal, but avoiding it is legal as well. If an officer doesn’t have probable cause, they can’t pull you over for avoiding a checkpoint.

Doing this is easier than it may seem. According to Florida law, officers must set up signs that warn drivers of the checkpoint. Once you see these signs, you can make legal traffic maneuvers to turn around.

Sometimes, though, there will be no legal way to avoid a checkpoint. In this situation, your best option is to go through it. Making an illegal U-turn to avoid a checkpoint will likely result in getting pulled over.

Answering Questions

A DUI checkpoint starts like any other traffic stop you’ll encounter. An officer will ask you to pull to the side and provide identification.

At this point, the officer will ask you some questions. Depending on your answers and behavior, they may find probable cause to investigate further. Not having the necessary documents may also nudge them in this direction.

What you may not know is that you don’t have to answer these questions. Instead, you can say that you don’t wish to say more without an attorney present. You can also show them your “Know Your Rights” card.

Some drivers keep their windows rolled up at checkpoints and don’t interact at all. Though this is legal, it’s not the best course of action. By being polite, you can make sure an officer won’t mistake your silence for non-compliance.

Consenting to Tests

Regardless of whether you talk to them, the officer may believe you’re driving under the influence. If so, they can ask you to perform some tests.

Field Sobriety Test

The first test you’ll need to perform is the field sobriety test. That involves doing a series of three field sobriety exercises (FSEs):

Horizontal Gaze Nystagmus (Follow-the-Pen)
Walk-and-Turn
One-Leg Stand

A field sobriety test can be a double-edged sword. If you haven’t consumed any alcohol, it may be wise to take part in it. That said, many sober drivers find it hard to perform this test while facing arrest.

Of course, you also have the right to refuse to take part in the test. Many officers will neglect to mention this option while making their requests. Doing so, however, may give the officers probable cause to do a chemical test.

Chemical Testing

Chemical testing may involve a breathalyzer or blood test. Under Florida’s implied consent law, you can’t refuse a chemical test. Doing so is a misdemeanor offense and makes you subject to the following penalties:

12-month license suspension for a first-time refusal
18-month license suspension for a previous refusal

Keep in mind that a breathalyzer test can be wrong. Many factors can cause a positive reading, from poor calibration to certain medical conditions. Blood tests tend to be more accurate, but they aren’t used as often.

Protecting Your Rights

Even if you’ve done nothing wrong, DUI checkpoints can be intimidating. If you’re charged with a DUI, though, it’s essential to protect your rights.

First, keep in mind that getting arrested for a DUI in Florida can lead to severe penalties. Many of these penalties have long-term implications. That’s particularly true for pilots and other specific professions.

If you’re arrested at a DUI checkpoint, it’s in your best interest to talk to a DUI lawyer right away. In fact, you should contact a lawyer as soon as you’re pulled over. That’s the easiest way to ensure you’re treated fairly.

A DUI lawyer can do a lot for your case. They’ll request the police report from your arrest, which can impact your defense. They can also ensure that the officers used the appropriate checkpoint procedures.

This Is What to Do at a DUI Checkpoint

As you can see, there are many things you should keep in mind if you’re stopped at a DUI checkpoint. If you ever need a refresher on what to do in this situation, this guide is the perfect starting point!

Were you arrested for a DUI in Florida? If so, our experienced DUI attorneys will do everything they can to mitigate the impact of these charges. Contact us here to learn more about your legal options!

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminDecember 21, 2022 Traffic Tickets0 comments

What Is the Difference Between a DUI and a BUI?

Did you know that operating a vessel while impaired by alcohol or other drugs is a major violation of Florida law?

Believe it or not, it’s true. And, if suspected of operating a boat under the influence, officers can require you to pass a sobriety test. Failure will result in a specific boating ticket, known as a BUI – boating under the influence.

This offense is actually just as serious as a DUI, issued for drunk driving. And it can have major impacts on your future, especially if you’re an avid boater. Read on to learn about the difference between these two charges, and the penalties associated with both.

Boating Under the Influence

Under Florida statutes, any boater suspected of operating a vessel while intoxicated can be subjected to either a physical or chemical test to determine how much alcohol is in their breath or blood. This could include field sobriety tests. Like blowing into a breathalyzer and even having blood drawn.

If they determined that the operator is legally intoxicated. Meaning they have a blood or breath alcohol level at or above .08. Then the officers could charge them with a BUI offense.

Also, they can file BUI charges under some special circumstances. Like, when a boat driver has less alcohol in their system. For example, if they determined that the operator is under the influence of drugs other than alcohol.

Also, if they find any boat operator under 21 years of age to have a blood or breath alcohol level of .02 or higher. They can charge them with a BUI.

Understanding BUI Charges

If you have a BUI charge in Florida, you can expect the state to prosecute your case aggressively. In most cases, they will seek the maximum penalty. This varies based on how many BUI offenses you have received.

First BUI Offense – This misdemeanor may result in a fine of up to $1,000, and up to 6 months of jail time
Second BUI Offense – Also a misdemeanor, this charge is associated with fines of up to $2,000, and up to 9 months in jail
Third BUI Offense Within 10 Years – This third-degree felony charge can result in up to $5,000 in fines, and 5 years of jail time
Third BUI Offense More Than Ten Years After Prior Conviction – This misdemeanor charge is associated with a fine of up to $2,000, and up to 1 year in jail

In addition to the penalties listed above, all Florida BUI convictions are associated with a minimum probation period of one year per offense. Terms will include monthly reporting to an assigned officer, community service, and drug and alcohol counseling.

This probationary period may be extended for repeat BUI convictions.

Aggravated BUI Charges

In some cases, they might consider BUI charges aggravated. For example, if the vessel operator has a blood or breath alcohol level of .15 or higher. Plus, they can apply these more serious charges if the person suspected of BUI has prior DUI convictions. Or if they have another drug-related offense on their record.

The term aggravated may also indicate that a BUI incident involved other factors that enhance the severity of the crime and its penalties. This might include:

BUI incidents resulting in property damage
BUI incidents that cause bodily injury or death
If the BUI incidents involve a minor

Aggravated BUI charges associated with property damage are first-degree misdemeanors. And they carry maximum penalties of $1,000 in fines and a one-year jail sentence. If you cause bodily injury, this is a third-degree felony, which could lead to a fine of up to $5,000, and jail time of up to 5 years.

A BUI that leads to the death of another person the law may consider BUI manslaughter. This second-degree felony can result in fines of up to $10,000 and up to 15 years in jail. And, if a BUI suspect leaves the scene of a boating accident. Rather than rendering aid to injured victims. Then they could face a first-degree felony, with fines of up to $10,000 and jail time of up to 30 years.

The Difference Between DUI and BUI

Simply put, the primary difference between boating and driving under the influence is what kind of transportation is being used – a boat or a car.

The two crimes carry similarly serious penalties. Though a BUI won’t necessarily impact your legal ability to drive. And unfortunately, in both DUI and BUI cases, the punishment begins well before conviction. Because they will likely arrest you, impound your vessel or vehicle, and face serious financial consequences.

Both first-time DUI and BUI charges will result in hefty fines, probation, a tarnished legal record, and potentially court-ordered counseling. Even worse, repeated DUI and BUI offenses can lead to felony charges and extended jail sentences.

No matter which type of charges you’re facing, it’s essential to act quickly. Your criminal record will show both misdemeanor and felony offenses. Potentially making it difficult to rent or buy a home, find a good job, or attend college.

It’s also important to note that the court can combine a history of DUI and BUI convictions, leading to aggravated charges and higher penalties. And, you’re unlikely to win your case without legal aid!

Florida BUI Defense

If you’ve received a charge of DUI or BUI, or need legal defense in Florida, you’re in the right place.

We have a team of dedicated attorneys and legal professionals at RHINO Lawyers to help each client win their case. And, we have decades of experience working with people just like you.

Contact us or call (844) RHINO-77 today for a free case review or virtual consultation. We can help with auto accident and personal injury claims, criminal defense, and much more.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminDecember 14, 2022 Traffic Tickets0 comments

Is Fleeing and Eluding a Felony?

Fleeing and eluding a police officer is a felony in Florida. If you receive a conviction for this offense, you could face jail time, fines, or probation. So, it is important to understand the consequences of fleeing and eluding so you can make an informed decision about how to respond if the police stop you.

Here are a few tips from an experienced criminal defense attorney about charges for eluding a police officer.

Definition of Fleeing and Eluding

Section 316.1935 of the Florida Statutes defines the crime of fleeing and eluding as the failure to stop your vehicle in a timely and safe manner when ordered to do so by a law enforcement officer.

This officer must have emergency lights activated while in a fully marked patrol car. Thus failure to stop is often considered a felony offense. And punishable by fines, imprisonment, or both.

In some states, they consider fleeing and eluding a crime of violence. Which can result in enhanced penalties. If you receive accusations of fleeing and eluding, it is important to contact an experienced criminal defense attorney as soon as possible. Because they can help you understand the charges against you and your legal options.

Categories of Fleeing and Eluding

There are several categories of fleeing and eluding offenses in Florida. Let’s take a look at some of these charges.

Without Sirens Activated

This is a different charge if the officer’s sirens are not activated. It is a first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine.

With Sirens Activated

The penalty for fleeing and eluding with sirens activated is a felony third-degree charge. This is punishable by a prison term of up to 5 years and a $5,000 fine.

Aggravated Fleeing and Eluding

Fleeing and eluding with wanton disregard for the safety of others is aggravated fleeing and eluding. This is a felony third-degree charge punishable by a prison term of up to 15 years and a $10,000 fine.

High Speed or Reckless Driving

If you receive an accusation of fleeing and eluding while driving at a high rate of speed or in a reckless manner, you will be charged with a felony third-degree. This is punishable by a prison term of up to five years and a $5,000 fine.

Causing Property Damage or Personal Injury

Now, if you receive an accusation of fleeing and eluding and causing damage to someone else’s property or personal injury. Then they will charge you with a felony of the first degree. This is punishable by a prison term of up to thirty years and a $10,000 fine.

Causing Serious Bodily Harm or Death

The penalties for this offense are much harsher as it is classified as a first-degree felony. It is punishable by a prison term of up to 30 years and a $10,000 fine. If the victim suffers permanent disability or disfigurement, the penalties increase to up to life in prison.

If you receive a conviction of fleeing and eluding, you may also have your driver’s license suspended for up to five years. In addition, your vehicle may be impounded for up to 90 days.

Possible Defenses to Fleeing and Eluding Charges

There are several possible defenses to fleeing and eluding charges. Some of these defenses include the following.

The police officer did not have probable cause to stop your vehicle. Or, you were not given a clear and concise order to stop your vehicle. You did not have the opportunity to safely stop your vehicle.

You were not fleeing or eluding, but rather were trying to comply with the officer’s orders in a safe and reasonable manner. The police officer used excessive force in attempting to stop your vehicle. You were not the driver of the vehicle at the time of the incident.

There is insufficient evidence to prove that you committed the offense beyond a reasonable doubt. You suffer from a mental illness or were under the influence of drugs or alcohol at the time of the incident, which prevented you from understanding the police officer’s orders or acting in a reasonable manner.

You were a victim of entrapment by the police. Mistaken identity, lack of knowledge (the defendant didn’t know the officer was trying to pull them over), or there was a medical emergency.

Mandatory Adjudication of Guilt for Fleeing or Eluding

This means that you receive a conviction and will have a criminal record. A conviction for fleeing or eluding can have significant consequences, including jail time, a loss of driving privileges, and a permanent criminal record.

In Florida, if you receive a conviction of a felony, you must serve a mandatory minimum sentence. This means that you will not be eligible for probation or any other form of early release.

What Is the Prosecutor’s Responsibility?

To convict you of fleeing or eluding, the prosecutor must prove that you willfully and knowingly violated the law. The prosecutor must also prove that you had the opportunity to stop your vehicle in a safe and reasonable manner, but failed to do so.

If the prosecutor cannot prove these elements beyond a reasonable doubt, then you cannot receive a conviction of fleeing or eluding. To receive a conviction of fleeing or eluding, the prosecutor must prove the following elements beyond a reasonable doubt:

You were driving a vehicle
A law enforcement officer gave you a visual or audible signal to stop your vehicle
You willfully failed or refused to stop your vehicle in compliance with the signal

The prosecutor does not have to prove that you intended to flee or elude the police officer.

Criminal Defense Attorney

If you face a fleeing and eluding charge, hire an experienced criminal defense attorney. Because they can review the facts of your case and develop a strong defense. Plus, an experienced attorney will also be able to negotiate with prosecutors for a reduced sentence or dismissal of charges.

The penalties for fleeing and eluding are severe and can have a lasting impact on your life. Do not face these charges alone. An experienced criminal defense attorney will fight for you. Consult with us today.

CONTACT TAMPA TRAFFIC TICKET ATTORNEY

by rhinoadminDecember 7, 2022 Traffic Tickets0 comments

What Is the Difference Between Careless and Reckless Driving in Florida?

Did you know that Florida hit-and-run crashes went up by 17% in 2021?

Reckless driving in Florida is an increasing problem. A car accident in Florida is already a big financial burden to shoulder, but it could be a lot worse. A reckless driver could jeopardize your life and your property.

Reckless driving and careless driving in Florida might seem like the same thing. But both have a unique classification under the law. It pays to know the difference for your case.

In this guide, we’ll discuss the Florida driving laws on careless and reckless driving. Keep reading for more details.

What Is Careless Driving in Florida?

According to § 316.1925, careless driving is to do the following:

Not drive in a prudent and careful manner
Display no regard for different aspects of driving such as lane width or traffic density
Endanger human life or property as a result of this careless behavior

To put it simply, careless driving in Florida is when you’re not making an effort to drive well. You show disregard for traffic laws or drive in a way that threatens cars and their occupants.

However, a careless driver is not someone who does so with the intention to hard. A careless driver disregards the law out of a lack of concern. They don’t wish for others to suffer as a result of their actions.

Often, a careless driving ticket will happen as a result of a car accident in Florida. However, you should drive carefully as this can happen without any crash.

Examples of Careless Driving

Careless driving is a “catch-all” that police officers may use for many traffic violations. This can happen if you rear-end someone, or fail to yield when the signs are clear. In some cases, they may charge you with careless driving if you are distracted.

Here are a few more examples of careless driving:

Making a sudden lane change without a blinker
Tailgating the cars in front of you
Speeding
Not making an effort to obey traffic signs
Passing a driver in an unsafe manner

Consequences of Careless Driving

Careless driving is a type of moving violation. The result will be heavy fines. In most cases, you will receive points on your license.

Depending on the severity, this could lead to license suspension. This may cause your insurance company to hike up your premiums. Whatever the case, it’s well worth the effort to be a good driver and pay attention.

What Is Reckless Driving in Florida?

According to § 316.192, reckless driving is a matter of intention. Unlike careless driving, this isn’t an issue of lackadaisical concern while behind the wheel. If you are “willful or wanton” in your disregard, then you risk a reckless driving charge.

Careless driving is more an example of poor behavior, without seeking to harm or cause damage. Reckless driving is where this harm and damage happens on purpose.

You are a reckless driver if you drive in a dangerous way while knowing the consequences. You are indifferent to these consequences, whether they be harmful to life or property.

Examples of Reckless Driving

The law for reckless driving is a general law that applies to any sort of driving with that wanton disregard. However, it also outlines a few specific crimes:

Trying to flee or evade a pursuing police officer
Illegal street racing, such as drag racing
Traveling at speeds well above the speed limit and weaving through traffic while doing so
Driving 20 mph or more above the speed limit in the area

These are just a few examples of what might constitute reckless driving. You might suffer a reckless driving charge if you speed through a pedestrian crosswalk or ride up on the sidewalk. Attempting to run someone over may include a reckless driving charge.

This charge can apply to a Florida car crash as well. Being intoxicated over the legal limit will only make the repercussions worse.

Consequences of Reckless Driving

A big difference between careless and reckless driving is that reckless driving is a criminal offense. Careless driving is just a moving violation, which incurs penalties that are far less steep.

The penalties for reckless driving are harsh. For your first offense, the state of Florida could imprison you for up to 90 days. Otherwise, they might fine you between $25-500.

Things get worse for a second offense. The state could imprison you for up to 6 months, twice as long as the first sentence. The fine could be between $50 and $1,000.

That’s not to mention that this could result in license suspension and points on your license. A reckless driving offense could make it very difficult for you to drive again. You may struggle to find insurance that would cover you.

What to Do as a Victim of Careless or Reckless Driving

Being on the road in Florida is getting more dangerous than ever. The increase in hit-and-run incidents is just one piece of evidence that you need to keep up your guard. Unfortunately, a Florida car crash is something you may not be able to avoid.

A car accident in Florida can be a devastating thing. And when the accident involves a careless or reckless driver, the damage could be catastrophic. You may suffer an injury and require a lawyer to fight your case.

In the event a driver threatens your life, you should contact a professional. Penalties are high for both careless and reckless driving. There’s a good chance a lawyer can get you the compensation you deserve.

Further, you’ll feel the satisfaction of taking a terrible driver off the streets. A reckless driver that’s in prison is one that cannot harm anyone else.

TAMPA Criminal Defense Lawyers

Reckless driving in Florida is a criminal offense. However, it differs from a similar careless driving law. Reckless driving is about intent to do harm, so it pays to know the difference in the event of an accident.

Looking for representation after a crash? You’ve come to the right place. Contact RHINO Lawyers and get a free case review.