Bazos, Freeman, Schuster & Braithwaite, LLC., Provides Legal Services As to Traffic and Criminal Matters.
Criminal traffic offenses are those that can subject a defendant to incarceration, fines and probation. Examples of these types of offenses include no valid driver’s license, reckless driving, driving under the influence of drugs or alcohol (DUI), driving with a suspended or revoked license and improper license plates.
Reckless driving involves a willful act that is a disregard for the safety of others, such as excessive speeding. Typically, it is a misdemeanor crime with applied constitutional rules. This means that the prosecution must prove its case beyond a reasonable doubt. Law enforcement must inform you of your Miranda rights before you start to answer questions. It’s important to note that reckless driving and DUI are separate crimes, and reckless driving isn’t a lesser offense. It isn’t necessary to show the driver was using drugs or alcohol to prove a violation of a reckless driving law as reckless driving relates to how a vehicle was being operated.
DUI convictions may be charged as either misdemeanors or felonies. The circumstances of the case determine the difference between a misdemeanor and a felony charge. General penalties include jail time, fines, probation and suspended license.
A hit and run that details property damage is a misdemeanor while a hit and run involving an injured person is a felony. Felony sentencing is much more severe. Because of the seriousness of the consequences, it’s best to seek legal advice from a law firm like Bazos, Freeman, Schuster & Braithwaite, LLC.
Driving with an invalid license is not something that should be taken lightly. If it’s a Class C misdemeanor, the minimum punishment is $100 fine. However, a Class B misdemeanor may include a fine up to $2,000 along with six months in jail. Our firm has criminal attorneys who can help fight your case and possibly negotiate a dismissal of your case. Keep in mind that you also may be placed into a higher risk category with your insurer and face higher insurance premiums. Other traffic crimes that are misdemeanors include driving without insurance and failing to stop at the scene of an accident.
Traffic offenses that are categorized as felonies are the most serious. Vehicular homicide is a serious charge that requires a good attorney. DUI, violation of a safety statute, driving while drowsy and negligent driving can each trigger a vehicular homicide charge. Most states recognize different degrees of vehicular homicide. The punishment is more severe for those convicted of a DUI; defendants can face up to 30 years in prison as opposed to convictions of non-DUI traffic offenses that result in a death. Even a driver who causes a death due to failure to maintain lane position can face a year in jail.