Car accidents continue to be a leading cause of death the United States for many different age groups. Today, you are more likely to be injured by a car than to be murdered, assaulted or robbed. However, out of all the traffic fatalities that occur every year, only a small percentage of these are treated as a homicide while the rest result in no more than a traffic ticket.

Florida Penalties for Traffic Offense with Serious Injury or Death


In Florida, if you are found guilty of a non-criminal traffic violation that involves serious bodily injury or death, such as careless driving, violation of a traffic control device, failure to stop, speeding, or an Illegal lane change, you could face the following penalties:

  • Mandatory $500 fine for serious bodily injury or $1000 fine for death.
  • Mandatory suspension of driver's license for 3 months for serious bodily injury or 6 month suspension when someone has been killed.

When a traffic violation results in death you are also required to complete 120 hours of community service at a trauma center or hospital that regularly receives victims of car accidents. Additionally, you will not be eligible for traffic school and you must attend the court hearing.

What is Considered "Serious Injury"

The term can be rather broad if not specified, but state has defined serious bodily injury under Sec. 316.1933(1) of the Florida Statutes as any injury that causes a considerable risk of death, physical disfigurement, or the loss/impairment of any body part or organ. However, this is still not a clear definition and the prosecution could stretch what you might normally consider "serious injury." Again, this is why it's crucial to have an experienced lawyer by your side.

Defending a Traffic Citation with Serious Bodily Injury or Fatality

Since this is an infraction that requires a mandatory appearance in court, the options you have are limited. The first option is that you can plead guilty and accept the judge's sanctions along with the mandatory penalties. The second option is that you can plead not guilty or no contest and elect to have an infraction hearing.
Pleading guilty to an offense or deciding to fight a charge is a serious matter that should you carefully consider. In some instances an attorney may be able to identify a defense that you would not have otherwise thought about due to their knowledge of the law. Some questions to ask yourself when deciding on how to proceed include:

  • What are the minimum and maximum sanctions for this crime?
  • Is this crime punishable by jail time?
  • Can I enter a plea agreement?
  • Can a conviction on this case be used against me in the future?

If you can't confidently answer the questions above, it's important that you get help from a traffic violation lawyer to represent you. The laws that surround traffic accidents with serious injury or death can be complicated and having an experienced attorney by your side can make all the difference.

Under any circumstance, it is always best to have a lawyer who understands the complex laws that surround these types of cases. For example, we defended a client who was issued a citation for Failure to Yield at an Intersection that caused an accident with fatality. We worked tirelessly to prepare her defense and we were able to get the judge to remove the fatality finding. Ultimately, this insured that our client only had to pay court costs and was able to avoid the license suspension and community service.

We Are Here to Help. Contact Us Day or Night

If you have received a traffic ticket after being involved in a car accident that caused a serious injury or fatality in Orlando, Florida, it's important that you contact us right away. Not only will we provide you with aggressive representation, but we will guide you through the entire process while we work to get you the best possible outcome. Contact us today by using our 24/7 online chat service or by calling 407-228-3838.

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Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

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Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

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No Information Notice - Charges Dropped

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Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

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Reduced to Reckless Driving

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Case Dismissed

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$125,000

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$275,000

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