Police cited a driver for not wearing his glasses, which was a violation of his driver’s license restriction. The Defendant mistakenly thought the citation was a civil ticket and not a criminal infraction. The Driver missed the scheduled arraignment on the citation and the Court issued a bench warrant.
Civil Ticket Vs. Criminal Infraction
A civil ticket is given to a motorist or pedestrian when they have violated a traffic violation or non-moving violation. The law enforcement officer will provide the individual with a ticket that gives instructions on what they need to do next, such as mailing in a form with a check to pay the fine or instructions on how to pay the offense online. These offenses do not have any other associated penalties with them, but they can have points associated with them that go against your driver’s license. Examples of a civil violation include running a red light, making an illegal turn, crossing the street illegally, and speeding.
A criminal infraction means you have committed a criminal traffic offense. One of the most common criminal infractions is a DUI (Driving Under the Influence) charge. Other examples include reckless driving, hit and runs, leaving the scene of an accident, careless driving, driving without a valid driver’s license, driving with a suspended driver’s license, and attempting to elude a police officer.
While most criminal infractions are a misdemeanor, you can be charged as a felony depending on the case. No matter if you are charged with a misdemeanor or a felony, you will be required to appear in court. Your charges will be read to you in court, and you will be advised of your rights. You will also be asked if you plead guilty or not guilty. If you do not appear, you can have a bench warrant issued for your arrest, along with a suspension of your driver’s license.
Should you decide to plead not guilty, you will have a trial. An attorney can be hired to represent you. If you are convicted at the trial, you will face penalties, such as fines, court costs, other costs, and points against your driver’s license.
Musca Law Firm Services
If you have had a bench warrant out for your arrest, please call Musca Law Firm to schedule your free initial case consultation with one of our experienced attorneys. We have offices located throughout Florida in order to serve the entire state. We can provide you with peace of mind while we help you settle in court. Our attorneys have over 150 years of combined legal experience among our entire staff of highly qualified attorneys. Call us today at (888) 484-5057 to schedule an appointment to discuss your case.
RESULT: The Musca Law Defense Attorney filed a Motion to Set Aside Bench Warrant and Bond Entreasure. The Court granted the Defense’s Motion at a hearing and set aside the warrant for the Client’s arrest. The Defense successfully challenged the Client’s criminal citation and the Court ruled NO FORMAL FINDING OF GUILT. The Client is now eligible to have his record expunged.