Law Office Of Leanna J. Smith
Leanna Smith

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.

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.

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.

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.

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.

Contact the Law Office of Leanna J. Smith

When you need an honest, dedicated criminal defense attorney to defend you against traffic offenses in DeLand, Daytona Beach, Deltona, or surrounding Volusia County, contact the Law Office of Leanna J. Smith. If you’re in trouble, we want to help.
Criminal Defense