Understanding Moving Violations in Florida
During a traffic stop, a person may be ticketed or even arrested for a moving violation. Just as the name implies, these tickets are issued when a person has broken the law with their vehicle in motion. However, there are times when a person may be charged with a moving violation even when their vehicle was stopped or parked. Below, our Orlando criminal defense lawyer explains these violations of the law, and the penalties a person may face for committing them.
What are Moving Violations?
The term “moving violation” is fairly straightforward and refers to violations of the law that involve a motor vehicle. These violations typically involve behaviors that pose a risk to others on the road, including pedestrians and other drivers. Running red lights, speeding, and reckless driving are some of the most common moving violations in Florida.
It is not always clear what is considered a moving violation because sometimes, a person may be charged with a non-moving violation even though the vehicle was in motion. These may include not wearing a seatbelt, or driving with a broken headlight.
Likewise, a person may face charges for a moving violation when the vehicle was not in motion. A person may be charged with driving under the influence (DUI), for example, even if they were not driving because this charge is listed as a moving violation under the law. As long as a person is in control of the vehicle and commits a moving violation, they may face these charges.
Penalties for Moving Violations
Moving violations typically only result in a fine, court costs, and demerit points for those charged with them. In some situations, though, a moving violation may result in misdemeanor or felony charges, such as when a person is charged with a DUI. The fines for moving violations usually range between $50 and $200, and the court costs are usually around $30.
Moving violations are also assigned a certain number of demerit points under Florida law. Typically, the more serious the violation, the more demerit points a person will incur. If a person accumulates too many points on their driver’s license, it will be suspended for a certain period of time. The timeframe of those suspensions are as follows:
- A license suspension of 30 days for accumulating 12 points in 12 months
- A license suspension of up to three months if 18 points are accumulated in 18 months, and
- A license suspension of up to one year for 24 points accumulated in 36 months
Drivers have the option to avoid demerit points if they enroll in driving school. After completing the course, the moving violation is dismissed and no points are added to the license. Drivers can take advantage of this option once every 12 months.
Our Criminal Defense Lawyers in Florida Can Help with Your Moving Violation
If you have been charged with reckless driving, a DUI, or any other moving violation, our Orlando criminal defense lawyers can advise on your case. At O’Mara Law Group, we know the defenses to these violations and will use them effectively to give you the best chance of beating the charges and keeping your license. Call us today at 407-634-6604 or contact us online to schedule a consultation.