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Traffic Offense Lawyer in Naples, Florida 

Need Assistance for Traffic Offenses? Contact Musca Law Today!

In many cases, people regard traffic offenses as minor violations and may simply choose to pay off fines to avoid future problems, never considering the potentially disastrous consequences. Despite the simplicity of a speeding ticket or running a red light, traffic offenses of any nature will leave permanent marks on your driving record and spike your insurance. If you fail to address this violation, you will collect thousands of dollars in debt, potentially lose your license, or (in the worst-case scenario) be sent to prison. Black marks on your record will impact your options for future employment, school admissions, private relationships, and many more aspects of your life. 

If you have been charged for a traffic offense, call Musca Law at (239) 793-5297 to speak to a highly qualified legal representative at our office in Naples, Florida. 

We Provide Aggressive Advocacy for Your Benefit 

We at Musca Law have a combined 150+ years of combined legal experience and are ready to help people who have ended up on the wrong side of the law. We are knowledgeable in the complex structure of Florida laws governing traffic violations. Let us help you with our skills and knowledge at Musca Law in Naples. 

At our firm, we handle a variety of traffic offenses that include: 

  • Driving under the influence (DUI)
  • Driving without a license 
  • DUI manslaughter 
  • Failing to stop at signs or lights 
  • Hit-and-run accidents
  • Moving violations
  • Reckless driving
  • Suspended driver’s licenses

Traffic offenses lead to a variety of consequences. If you face charges for a traffic offense, you must obtain qualified legal representation as soon as possible. Remember, the prosecution will be constructing their case against you, and you cannot afford to let them win. 

Motor Vehicle Accidents Involving Injuries or Fatalities 

As dictated by Florida Statute Title XXIII Chapter 316.062, any driver who has been involved in a motor vehicle accident and/or is solely responsible for triggering the  crash must stay at the accident site and offer required assistance. He/she must also offer medical aid to the victim(s) and share information with these victims. Furthermore, you must be prepared to cooperate with police. 

Florida Statute Title XXIII Chapter 316.027 (2) (a-e) also states that motorists are required to stop their vehicles at the scene of the accident or within a close range of the impact site to meet this requirement. 

Any person who does not offer medical attention and/or flees the scene may be punished in one of several ways, depending on the severity of the crash: 

  • Chapter 316.027(2a): Drivers who are involved in accidents in which a victim has sustained non-life-threatening injuries must remain at the crash site. Any person who breaks this law will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a fine of $5,000. 
  • Chapter 316.027(2b): Drivers who are involved in motor vehicle accidents which inflict severe injuries on one or more victims must stay at the crash site (on in the vicinity). Any person who fails to follow this law will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and a $10,000 fine. 
  • Chapter 316.027(2c): Drivers who are involved in motor vehicle accidents that cause the death of one or more victims must stay at the scene and cooperate with the police. Any person who fails to adhere to this law will face charges of a 1st-degree felony, punishable by a 30-year prison sentence and a $10,000-$15,000 fine. People with previous hit-and-run charges will be detained until arresting officers arrive at the scene. 

Chapter 316.027(2d) also dictates that, if a driver violates any of the aforementioned sections, she will be required (by law) to compensate the victims (or members of their families) for damages or losses suffered during the crash. Likewise, the court will order a department to suspend the responsible party’s driver’s license for 3 years (with potential for reinstatement). 

Motor Vehicle Accidents Causing Vehicle and/or Property Damage 

Florida Statute Title XXIII Chapter 316.061 (1-3) dictates that any driver who is involved in a crash that inflicts damage on vehicles and/or property (e.g. homes, garage units) is required (by Florida Law) to stay at the crash site. If this person does not adhere to this law, he/she will face charges of a 2nd-degree misdemeanor, punishable by a 60-day prison sentence and a $500 fine. Besides the previous provisions outlined in the Statutes, the driver may be forced to pay an additional $5 fine, as compensation for the Emergency Medical Services Trust Fund. 

Furthermore, Chapter 316.061(2) dictates that drivers must complete stops without blocking oncoming traffic (as little as what is required for the convenience of police officers). Likewise, the responsible party must make an effort to move his/her vehicle as far away from traffic as possible. Any person who does not comply with this code will faces charges of a nonmoving traffic violation. 

While law enforcement officials are responsible for clearing vehicles from the crash site, you must understand that responsible drivers will not be punished if they help in the removal of their vehicles (or another vehicle) for the convenience of the investigation. 

Charges for Ignoring Traffic Signals 

Florida Statute Title XXIII Chapter 316.075(4) dictates that any driver who does not comply with traffic control signals (or pedestrian control signals for foot traffic) will face charges of a vehicle infraction or a pedestrian violation (due to the operation of a vehicle during the accident). 

For more information about traffic signals in the State of Florida, please review Chapter 316.075(1-3). 

Driving Recklessly and Failing to Adhere to Related Florida Law 

As dictated by Florida Statute Title XXIII Chapter 316.082 (1-3), motorists must pass each other along the right-hand side of the road and provide one-half of the lane width as a courtesy to the driver who is being passed. Failure to follow this rule will result in a noncriminal traffic infraction (as shown in Chapter 318). Consider that Chapter 316.085 also states that drivers cannot pass another vehicle until he/she has determined that another vehicle is not approaching down the opposite lane of traffic (to pass this vehicle) and that this action will be completely safe. 

Charges for Following Vehicles Too Closely 

Florida Statute Title XXIII Chapter 316.0895 (1-2) dictates that drivers are not permitted to tail vehicles at an unsafe distance, regarding the speed of vehicles and traffic along all major roadways. Under the same guidelines, drivers of trucks who are towing trailers or equipment are not permitted to drive within a distance of 300 feet of other trucks carrying the same materials. (For example, trucks carrying tractor-trailers cannot overtake trucks in opposing lanes.) 

Any driver who fails to comply with this law will face charges of noncriminal traffic infractions, punishable as moving violations (as shown in Chapter 318). 

Charges for Reckless Driving in Florida 

Florida Statute Title XXIII Chapter 316.192 (1a) dictates that any person who drives recklessly and fails to show any regard for other drivers (or property) will be punished for reckless driving. Any person who commits a crime of this nature will be punished in one of two ways, depending on the severity of the crime: 

  • 1st Conviction: Culprits will be sent to prison for no longer than 90 days and may have to pay a fine that is at least $25 and does not surpass a maximum of $500. 
  • 2nd Conviction (or subsequent): Culprits will spend time in prison for 6 months and may be forced to pay a fine that is at least $50 and does not exceed $1,000. 

If (as a result of an incident) a driver inflicts physical injuries on a victim and/or damages property, he/she will be charged with a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. 

Charges for DUI in Florida 

As dictated in Florida Statute Title XXIII Chapter 316.193, any person who has become intoxicated by consuming alcohol or any prohibited substances listed in Chapter 877.111 and 893 and has subsequently operated a vehicle will be charged with a DUI. Depending on the number of previous DUI offenses on this person’s record, he/she will be punished in one of the following ways: 

  • 1st Conviction: Culprits will be sent to prison for 6 months and may face a fine of $500 to $1,000. 
  • 2nd Conviction: Culprits will be sent to prison for 9 months and may face a fine of $1,000 to $2,000. 

Any person who commits 3 DUIs will be charged with a 3rd-degree felony, punishable by a 5-year prison sentence and a fine of $5,000. Furthermore, if the DUI crime occurs 10 or more years after the first conviction, the culprit will be imprisoned for 1 year and will pay a fine of $2,000-$5,000. 

Anyone commits a 3rd DUI conviction will be charged with a 3rd-degree felony, punishable by a $5,000 fine and/or prison time that does not exceed 5 years. If the conviction occurs 10 or more years after the first conviction will be sent to prison for 12 months and pay a fine of $2,000-$5,000. 

Subsequent violations will result in a charge of a 3rd-degree felony, although the fine will be reduced to $2,000. 

What Is the Punishment for Using a Suspended/Revoked Driver’s License? 

As dictated in Florida Statute Title XXIII Chapter 322.32, if a driver attempts to display or displays a driver’s license that legal officials have previously suspended, revoked, or canceled and is fully knowledgeable of this cancellation or revocation, this individual will be charged with a 2nd-degree misdemeanor, punishable by a 60-day prison sentence and a fine of $500. 

Here is a list of the criteria that determines if a person has attempted to display a suspended/revoked driver’s license: 

  • The court has previously suspended or revoked the culprit’s driver’s license. 
  • The culprit is aware that his/her license was previously suspended, and he/she received notice of this cancellation. 

Any attempts to lend this license to another person is completely forbidden by law. 

Important Facts about Vehicular Homicide Crimes in Florida 

Florida Statute Title XLVI Chapter 782.071 dictates that a crime of vehicular homicide occurs when a driver kills another human being (or an unborn child by inflicting injuries to his/her mother) while operating a motor vehicle in a reckless manner (which could trigger the death of a grown person). People who commit an act of vehicular homicide may be punished in one of the following ways: 

  • 2nd-degree felony: 15-year prison sentence and a $10,000 fine
  • 1st-degree felony: 30-year to life prison sentence and a $10,000-$15,000 fine

Consider that a driver convicted of vehicular homicide will be punished under the circumstances that he/she should have known an accident occurred and/or did not stop to render aid to the victim(s) afterward. 

Besides the aforementioned forms of punishment, the court may order the driver(s) to complete 120 hours of community service in trauma centers and hospitals which admit victims of vehicular accidents. All hours will be supervised by ER doctors, registered nurses, or other technicians who are registered to work in these medical community programs. 

Furthermore, Florida Statute Title XLVI Chapter 782.09 defines the killing of a child by inflicting injuries on the mother as “murder” (if the mother dies, as well) of the 1st, 2nd, or 3rd degree, depending on the nature of the crime. 

Reaching a Verdict for a Case of Vehicular Homicide 

Florida Statute Title XLVI Chapter 782.071 (or 782.072) and Criminal Jury Case 7.9 dictate that members of the court must prove (without any shred of doubt) that the defendant:  

  • The victim died in the accident. 
  • An unborn child died as a direct result of his/her mother’s injuries. 
  • A motor vehicle was the cause of this fatality. 
  • The defendant was driving in a reckless manner.  

Get the Defense You Deserve from Musca Law 

Here at Musca Law, we are not afraid to confront the prosecution and will carefully plan each case as if it were about to go to trial. In our books, you are more than just a case number. We are ready to help you today. Don’t hesitate to contact our Naples office today at (239) 793-5297 to schedule a free initial consultation with one of our experienced criminal defense attorneys.

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