Aggressive Criminal Defense for Traffic Crimes

If you have been charged with a traffic offense in DeLand, Deltona, Daytona Beach, or other area of Volusia County and are seeking honest, dedicated, and aggressive legal representation, contact the criminal defense attorneys at the Law Office of Leanna J, Smith. If you’re in trouble, we want to help.

Traffic Crimes

Driving on a Suspended Drivers License

Under Florida Statute 322.34, “Driving on a Suspended Drivers License” is defined as operating a motor vehicle while knowingly having their driver’s license or driving privilege canceled, suspended, disqualified, or revoked, who drives a vehicle on a Florida Highway.

Penalty: the penalty for driving on a suspended driver’s license is dependent upon the number of DWLS convictions a person has faced.

• 1st conviction: considered a misdemeanor of the second degree.
• 2nd conviction: considered a misdemeanor of the first degree.
• 3rd conviction: considered a felony of the third degree.

Driving Under the Influence (DUI)

Under Florida Statute 316.193, “Driving Under the Influence (DUI)” is defined as driving a vehicle, or found to be in physical control of the vehicle, under the influence of alcoholic beverages, or any chemical or controlled substance causing a person’s normal functions to be impaired; or has a breath-alcohol level of 0.08 or higher, or a blood-alcohol level of 0.08 or higher.

Actual Physical Control of a vehicle is defined as be physically in, or in the case of a motorcycle, on the vehicle while having the capability to operate the vehicle, regardless of whether a person is actually operating the vehicle.

Penalty: the penalty for driving under the influence in the state of Florida is dependent upon the number of convictions that person has received, in addition to the breath or blood alcohol level measured at the time of the DUI, or whether there was a minor in the vehicle.

• 1st Conviction: considered a misdemeanor of the second degree, which is punishable by:
• Up to six months in jail
• Up to one year of probation
• Driver’s license revocation for a minimum of six months or up to one year
• A minimum fine of $500 or a maximum fine of $1,000
• 10-day impoundment or immobilization of vehicle used in DUI
• 50 hours of community service
• Completion of a 12-hour DUI Substance Abuse Course
• Completion of a psychosocial evaluation to determine if substance abuse Treatment is required
• Completion of any recommended substance abuse treatment
• Enhanced Penalties for 1st Conviction:
• Breath or Blood Alcohol Level of .15 or Higher: up to nine months in jail, a minimum fine of $1,000 or a maximum fine of $2,000, in addition to mandatory placement of an ignition interlock device on all vehicles used, owned, or routinely operated by convicted person for a minimum of six months and up to one year.
• Accompanied by a Minor: up to nine months in jail, and a minimum fine of $1,000 or a maximum fine of $2,000.

• 2nd Conviction: considered a misdemeanor of the second degree, which is punishable by:
• Up to nine months in jail
• Up to one year of probation
• A minimum fine of $1,000 or a maximum fine of $2,000
• 10-day impoundment or immobilization of the vehicle used in the DUI
• Mandatory placement of an ignition interlock device on all vehicles owned, used, or routinely operated by the convicted driver for not less than one year
• 50 hours of community service
• Completion of a 21-hour DUI Substance Abuse Course
• Completion of a psychosocial evaluation to determine if substance abuse treatment is required
• Completion of any substance abuse treatment
• Enhanced Penalties for 2nd Conviction:
• Breath or Blood Alcohol Level of .15 or Higher: up to one year in jail, a minimum fine of $2,000 or a maximum fine of $4,000, in addition to mandatory placement of an ignition interlock device on all vehicles used, owned, or routinely operated by the convicted person for a minimum of two years.
• Accompanied by a Minor: up to one year in jail, and a minimum fine of $2,000 or a maximum fine of $4,000.
• 2nd Conviction Within Five Years: considered a misdemeanor of the second degree, which is punishable by:
• Minimum 10 days in jail or a maximum of nine months in jail
• Up to one year of probation
• Minimum five year drivers license revocation
• Minimum fine of $1,000 or a maximum fine of $2,000
• 30-day impoundment or immobilization of all vehicles owned by driver
• Mandatory placement of ignition interlock device on all vehicles used, owned, or routinely operated by the convicted driver for a minimum of one year
• 50 hours of community service
• Completion of a 21-hour DUI Substance Abuse Course
• Completion of a psychosocial evaluation to determine if substance abuse treatment is required
• Completion of any recommended substance abuse treatment
• Enhanced Penalties for 2nd Conviction Within Five Years:
• Breath or Blood Alcohol Level .15 or Higher: minimum 10 days in jail or a maximum of one year in jail, a minimum fine of $2,000 or a maximum fine of $4,000, in addition to mandatory placement of an ignition interlock device on all vehicles used, owned, or routinely operated by the convicted driver for a minimum of two years.
• Accompanied by a Minor: minimum 10 days in jail or a maximum of one year in jail, and a minimum fine of $2,000 or a maximum fine of $4,000.

• 3rd Conviction: considered a misdemeanor of the third degree, which is punishable by:
• Up to one year in jail
• Up to one year of probation
• Minimum six-month driver’s license revocation, or a maximum of one year
• Minimum fine of $2,000, or a maximum fine of $5,000
• 10-day impoundment or immobilization of the vehicle used in the DUI
• Mandatory placement of an ignition interlock device on all vehicles used, owned, or routinely operated by the convicted driver for a minimum of two years
• 50 hours of community service
• Completion of a 21-hour DUI Substance Abuse Course
• Completion of a psychosocial evaluation to determine if substance abuse treatment is required
• Completion of any recommended substance abuse treatment
• Enhanced Penalties for 3rd Conviction: if the convicted driver has a breath or blood alcohol level of .15 or higher, or was accompanied by a minor, a minimum fine of $4,000 will be charged in addition to standard penalties.
• 3rd Conviction Within 10 Years: considered a felony of the third degree, which is punishable by:
• Minimum 30 days in jail, but up to five years in prison
• Up to five years of probation
• Minimum 10-year driver’s license revocation
• Up to $5,000 in fines
• 90-day impoundment or immobilization of all vehicles owned by the convicted driver
• Mandatory placement of an ignition interlock device on all vehicles used, owned, or routinely operated by the convicted driver for a minimum of two years
• 50 hours of community service
• Completion of a 21-hour DUI Substance Abuse Course
• Completion of a psychosocial evaluation to determine if substance abuse treatment is required
• Completion of any recommended substance abuse treatment
• Enhanced Penalties for 3rd Conviction Within 10 Years: if the convicted driver has a breath or blood alcohol level of .15 or higher, or was accompanied by a minor, a minimum fine of $4,000 will be charged in addition to standard penalties.

• 4th Conviction: considered a felony of the third degree, which is punishable by:
• Up to five years imprisonment
• Up to five year of probation
• Permanent driver’s license revocation
• Minimum fine of $2,000, or a maximum fine of $5,000
• Impoundment or immobilization of all vehicles owned by the driver
• Mandatory placement of an ignition interlock device on all vehicles used, owned, or routinely operated by the convicted driver for a minimum of two years
• Community service
• Completion of a 21-hour DUI Substance Abuse Course
• Completion of a psychosocial evaluation and substance abuse treatment
• Enhanced Penalties for 4th Conviction: if the convicted driver has a breath or blood alcohol level of .15 or higher, or was accompanied by a minor, a minimum fine of $4,000 will be charged in addition to standard penalties.

• DUI With Property Damage: considered a misdemeanor of the first degree, which is punishable by:
• Up to one year in jail
• Up to one year of probation
• Minimum six months driver’s license revocation, or a maximum of one year
• Minimum fine of $500, or a maximum fine of $1,000
• 10-day impoundment or immobilization of the vehicle used in the DUI
• 50 hours of community service
• Completion of a 12-hour DUI Substance Abuse Course
• Completion of a psychosocial evaluation to determine if substance abuse treatment is required
• Completion of any recommended substance abuse treatment
• Enhanced Penalties for DUI With Property Damage:
• Breath or Blood Alcohol Level .15 or Higher: minimum fine of $1,000, or a maximum fine of $2,000, in addition to the mandatory placement of an ignition interlock device on all vehicles used, owned, or routinely operated by the convicted driver for a minimum of six months, or a maximum of one year.
• Accompanied by a Minor: minimum fine of $1,000, or a maximum fine of $2,000.
• DUI With Serious Bodily Injury: defined as injury to any person, except the driver, which results in a physical condition that creates substantial risk of death, a serious personal disfigurement, or a protracted loss or impairment of bodily functions of organs or other bodily members.
• Penalty: considered a felony of the third degree, which is punishable by:
• Minimum of 51 months imprisonment, or up to five years imprisonment
• Up to five years of probation
• Up to $5,000 in fines
• Community service
• Impoundment of the convicted driver’s vehicle
• Completion of a DUI Substance Abuse Course
• Completion of a psychosocial evaluation and substance abuse treatment
• Enhanced Penalties for DUI With Serious Bodily Injury:
• Breath or Blood Alcohol Level .15 or Higher: minimum fine of $1,000 for first conviction; $2,000 fine for second conviction; and $4,000 for third or subsequent conviction; in addition to the mandatory placement of an ignition interlock device on all vehicles used, owned, or routinely operated by the convicted driver for a minimum of six continuous months, or a maximum of one year; or two years on a second or subsequent conviction.
• Accompanied by a Minor: minimum fine of $1,000 for first conviction; $2,000 fine for second conviction; $4,000 for third or subsequent conviction; in addition to the mandatory placement of an ignition interlock device on all vehicles used, owned, or routinely operated by the convicted driver for a minimum of six continuous months, or a maximum of one year for a first conviction; and two years for a second or subsequent conviction.
• DUI Manslaughter: considered a felony of the second degree, which is punishable by:
• Mandatory minimum sentence of 124 ½ months imprisonment, or up to 15 years imprisonment
• Up to 15 years of probation
• Up to $10,000 in fines
• Permanent driver’s license revocation
• Community service
• Impoundment of the driver’s vehicle
• Completion of a DUI Substance Abuse Course
• Completion of a psychosocial evaluation and substance abuse treatment

Fleeing & Attempting to Elude Law Enforcement

Under Florida Statute 316.1935, “Fleeing or Attempting to Elude a Law Enforcement Officer” is defined as willfully refusing or failing to stop the vehicle in compliance with an order from a law enforcement officer to stop or remain stopped; or to stop the vehicle and willfully fleeing in the vehicle in an attempt to elude law enforcement.

Penalty: fleeing or attempting to elude a law enforcement officer is considered a felony of the third degree, which is punishable by any combination of up to five years imprisonment, five years of probation, up to $5,000 in fines, and a minimum one year or a maximum of five years driver’s license suspension.

Aggravating circumstances of fleeing and eluding can be charged in addition to standard charges for fleeing and eluding law enforcement if sirens and lights were activated; if sirens and lights were activated, and there was high speed or reckless driving; and if sirens and lights were activated with high speed or reckless driving that caused serious bodily injury or death.

• Fleeing & Eluding with Sirens & Lights Activated: considered a felony of the third degree, which is punishable by any combination of up to five years imprisonment, five years of probation, up to $5,000 in fines, and a minimum one year or a maximum of five years driver’s license suspension.
• Fleeing & Eluding with Sirens & Lights Activated with High Speed or Reckless Driving: considered a felony of the second degree, which is punishable by any combination of up to 15 years imprisonment, 15 years of probation, up to $10,000 in fines, and a minimum one year or maximum of five years driver’s license suspension.
• Fleeing & Eluding with Sirens & Lights Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death: considered a felony of the first degree, which is punishable by any combination of a mandatory minimum sentence of three years imprisonment, or up to 30 years imprisonment, 30 years of probation, up to $10,000 in fines, and a minimum one year or a maximum of five years driver’s license suspension.

Leaving the Scene of an Accident

Under Florida Statute 316.061, “Leaving the Scene of an Accident” is defined as willfully leaving the scene of an accident or crash that resulted in damage to another person’s vehicle or other property without providing their name, address, registration information, or driver’s license information to the victim.

Penalty: the penalty for leaving the scene of an accident is dependent upon whether there was property damage, personal injury, or death as a result of the crash or accident.

Serious Bodily Injury is defined as a physical condition that creates a substantial risk of death, serious personal disfigurement, or the protracted loss or impairment of bodily members or organs.

• Leaving the Scene of an Accident that Involved Property Damage: considered a misdemeanor of the second degree, which is punishable by any combination of 60 days in jail, six months of probation, and up to $500 in fines.
• Leaving the Scene of an Accident that Involved Injury: considered a felony of the third degree, which is punishable by any combination of five years imprisonment, five years of probation, and up to $5,000 in fines.
• In addition, the convicted driver will have their driver’s license revoked for a minimum of three years, and can obtain a hardship license upon the completion of a 12-hour Advanced Driver Improvement Course.
• Leaving the Scene of an Accident that Involved Serious Bodily Injury: considered a felony of the second degree, which is punishable by any combination of 15 years imprisonment, 15 years of probation, and a fine of up to $10,000.
• In addition, the convicted driver will have their driver’s license revoked for a minimum of three years, and can obtain a hardship license upon the completion of a 12-hour Advanced Driver Improvement Course.
• Leaving the Scene of an Accident that Involved Death: considered a felony of the first degree, which is punishable by any combination of a mandatory minimum sentence of four years imprisonment, or up to 30 years imprisonment, 30 years of probation, and up to $10,000 in fines.
• In addition, the convicted driver will have their driver’s license revoked for a minimum of three years, and can obtain a hardship license upon the completion of a 12-hour Advanced Driver Improvement Course.

Reckless Driving

Under Florida Statute 316.192, “Reckless Driving” is defined as any person who drives any vehicle in willful or wanton disregard for the safety of other people or property.

Penalty: the penalty for reckless driving is dependent upon the number of reckless driving convictions a person has obtained, and whether there was damage to property or physical injury as a result.

• First Offense for Reckless Driving: considered a misdemeanor of the second degree, which is punishable by any combination of up to 90 days in jail, up to six months of probation, and up to $500 in fines.
• Reckless Driver with a Prior Conviction: considered a misdemeanor of the second degree, which is punishable by any combination of up to six months in jail, up to six months of probation, and a minimum fine of $50 or a maximum of $500 in fines.
• Reckless Driving that Caused Property Damage: considered a misdemeanor of the first degree, which is punishable by any combination of up to one year in jail, up to one year of probation, and up to $1,000 in fines.
• Reckless Driving that Caused Serious Bodily Injury: considered a felony of the third degree, which is punishable by any combination of up to five years imprisonment, five years of probation, and up to $5,000 in fines.