Traffic Crimes

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Leaving the Scene of an Accident (Hit and Run)

Definition of Leaving the Scene / Hit and Run In Florida, Leaving the Scene of an Accident, or “hit and run,” is defined as the failure of a driver to remain at the site of a vehicle crash and fulfill other statutory duties, when the crash at issue involves death, bodily injury, or property damage. Statutory…

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Reckless Driving

Definition of Reckless Driving The crime of Reckless Driving is defined under Section 316.192, Florida Statutes. Under the statute, Reckless Driving consists of two factual elements: The defendant drove a motor vehicle, and The defendant did so with a willful or wanton disregard for the safety of persons or property. See Fla. Std. Jury Instr. (Crim)…

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Habitual Traffic Offenders

Definition of Habitual Traffic Offender (HTO) Under Section 322.264, Florida Statutes, a “habitual traffic offender” is defined as any person whose driving record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has, within a five-year period, accumulated: (1) Three or more convictions of any or all of the…

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Expired Tag or Registration

Definition and Penalties for Expired Tag Under Section 320.07(3)(c), Florida Statutes, any person whose motor vehicle tag or registration has been expired for more than six (6) months commits a second degree misdemeanor (punishable by up to 60 days jail), if it is the registrant’s second such violation. Under the current statute, a failure to…

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No Valid Driver’s License

Definition of ‘No Valid Driver License’ The definition of ‘No Valid Drivers License’ is contained in Section 322.03(1), Florida Statutes. Under the law, it is a criminal act for a person to drive any ‘motor vehicle’ on a State ‘highway’ unless that person has a valid driver’s license issued by an appropriate governmental authority. To…

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Driving With Suspended License

Penalties for Driving with a Suspended License Under Section 322.34, Florida Statutes, a first offense for driving with a suspended license (with knowledge of the suspension, revocation, or cancellation) can result in 60 days jail and a fine of up to $500.00. A second offense may be charged as a first degree misdemeanor, which carries…

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Attaching Unassigned Plate or Tag

Definition of the Charge Under Section 320.261, Florida Statutes, it is a criminal offense for a person to knowingly attach to any motor vehicle (or mobile home) a registration license plate or a validation sticker if the plate or sticker was not issued and assigned or lawfully transferred to such vehicle. To prove the crime…

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Violations of Restricted Driver’s Licenses

Definition of Violating a License Restriction A violation of a restricted driver’s license is defined as driving in a manner that is inconsistent with a restriction imposed by the Department of Highway Safety and Motor Vehicles (DHSMV). The basis for this criminal charge is Section 322.16, Florida Statutes, which empowers the DHSMV to impose a…

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Racing on Highways

Definition of ‘Racing on Highways’ The offense of Racing on Highways, or ‘Street Racing,’ is defined in Section 316.191, Florida Statutes. Under the law, ‘Racing’ can include four categories of conduct: Racing, Competitions, and Exhibitions– driving any vehicle (including motorcycles) in any race, speed competition, speed contest, drag race, acceleration contest, test of physical endurance,…

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