A traffic stop can change your life in an instant. In Port St. Lucie, what begins as a routine traffic encounter can quickly escalate into a serious criminal matter. If you are facing criminal traffic charges, you need strong criminal defense on your side right away.
Many drivers do not realize that certain traffic violations are not just civil infractions. They can result in criminal charges, jail time, heavy fines, and a permanent record. Therefore, understanding your rights and options is critical from the very beginning.
At Jonathan Jay Kirschner, Esq., & Associates, LLC, our experienced St. Lucie County criminal defense lawyers are ready to fight for you. We serve clients throughout Port St. Lucie, Fort Pierce, Stuart, and the surrounding Treasure Coast communities. Contact JKJ today to schedule a consultation and protect your future.
What Are Criminal Traffic Charges?
Not all traffic violations are created equal. Florida law distinguishes between civil traffic infractions and criminal traffic offenses. Civil infractions typically result in a fine and points on your license. Criminal traffic charges, however, carry far more serious consequences.
Because of this, it is important to know which category your charge falls under. A criminal traffic offense can result in arrest, prosecution, and even imprisonment. Additionally, a conviction can follow you for the rest of your life.
Common Criminal Traffic Offenses in Port St. Lucie
Several traffic-related offenses rise to the level of criminal charges under Florida law. These offenses are taken very seriously by prosecutors in St. Lucie County. Here are some of the most common:
- Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs.
- Driving with a Suspended or Revoked License: This can be charged as a misdemeanor or felony depending on prior offenses.
- Reckless Driving: Driving with willful or wanton disregard for the safety of others.
- Leaving the Scene of an Accident: Also known as a hit-and-run, this carries serious criminal penalties.
- Vehicular Homicide or Manslaughter: Causing death through negligent or reckless driving.
- Racing on Highways: Street racing is a criminal offense in Florida.
Furthermore, some of these offenses can be charged as felonies. As a result, the stakes are incredibly high. You should never attempt to handle these charges without experienced legal representation.
Potential Penalties for Criminal Traffic Charges
The penalties for criminal traffic offenses in Port St. Lucie and throughout Florida can be severe. Moreover, the consequences extend well beyond the courtroom. A conviction can affect your employment, housing, and personal life for years to come.
Misdemeanor Traffic Offenses
First-time reckless driving or driving on a suspended license may be charged as a misdemeanor. However, even a misdemeanor conviction can mean up to one year in jail. Additionally, you may face fines, probation, and a longer license suspension.
Felony Traffic Offenses
Felony charges carry much harsher consequences. For example, vehicular homicide can result in many years in state prison. On the other hand, even a felony DUI conviction — such as a third DUI within ten years — can lead to mandatory prison time and permanent license revocation.
In addition, a felony conviction strips you of important civil rights in Florida. These include the right to vote and the right to possess a firearm. Therefore, mounting the strongest possible defense is absolutely essential.
How Florida Law Treats DUI Charges
DUI is one of the most frequently charged criminal traffic offenses in Port St. Lucie and throughout St. Lucie County. Florida enforces strict DUI laws. First-time offenders can face fines, license suspension, mandatory DUI school, and even jail time.
Meanwhile, repeat offenders face much steeper penalties. A second DUI within five years carries a mandatory minimum jail sentence. Additionally, the installation of an ignition interlock device is often required.
DUI and the Implied Consent Law
Florida’s implied consent law requires drivers to submit to breath, blood, or urine testing when lawfully arrested for DUI. Refusing a breath test results in an automatic license suspension. Furthermore, a second refusal is a criminal misdemeanor offense in itself.
However, law enforcement must follow proper procedures during a DUI stop and arrest. If officers violate your rights, our attorneys can file motions to suppress illegally obtained evidence. This strategy can sometimes lead to a reduction or dismissal of charges.
Driving on a Suspended License in Port St. Lucie
Driving with a suspended or revoked license is surprisingly common in the Port St. Lucie area. Many people are not even aware their license has been suspended. Nevertheless, ignorance of the suspension is not always a valid legal defense.
In Florida, driving with knowledge of a license suspension is a criminal offense. A first conviction is a second-degree misdemeanor. However, a third or subsequent conviction is a third-degree felony. As a result, what seems like a minor traffic issue can quickly become a felony charge.
Habitual Traffic Offender Status
Florida law designates certain drivers as Habitual Traffic Offenders (HTOs). This status is triggered by accumulating a certain number of convictions for serious traffic violations within a five-year period. An HTO designation results in a five-year license revocation.
Moreover, driving while designated as an HTO is a third-degree felony. Therefore, if you are facing multiple traffic-related charges, it is vital that you speak with a criminal defense attorney immediately.
Reckless Driving and Aggressive Driving Charges
Reckless driving is defined under Florida law as driving with willful or wanton disregard for the safety of people or property. This is a criminal charge, not a simple traffic ticket. Additionally, if reckless driving causes serious injury, it becomes a third-degree felony.
Aggressive driving behaviors — such as excessive speeding, weaving through traffic, and tailgating — can also lead to criminal charges. In busy areas like Port St. Lucie, Fort Pierce, and Jensen Beach, law enforcement actively monitors for these behaviors.
Furthermore, road rage incidents that involve property damage or injury can result in charges beyond reckless driving. These may include assault, battery, or criminal mischief. Our legal team can help you navigate the full scope of any related charges.
Leaving the Scene of an Accident
Florida law requires all drivers involved in an accident to stop, render aid, and exchange information. Leaving the scene — even if you were not at fault — is a criminal offense. The severity of the charge depends on whether the accident involved property damage, injury, or death.
For example, leaving the scene of an accident involving only property damage is a second-degree misdemeanor. However, leaving the scene of an accident involving injury is a third-degree felony. Additionally, if the accident caused death or serious injury, it becomes a first-degree felony.
Because of this, it is critical that you contact a criminal defense attorney as soon as possible after any accident. Our team serves clients throughout Port St. Lucie, Fort Pierce, Vero Beach, and the broader Treasure Coast region.
Building a Strong Criminal Defense Strategy
At Jonathan Jay Kirschner, Esq., & Associates, LLC, we approach every criminal traffic case with a thorough and aggressive defense strategy. First, we carefully review all evidence, including police reports, dashcam footage, and witness statements. Then, we identify any procedural errors or constitutional violations that may have occurred.
Next, we explore every available legal avenue on your behalf. Our defense strategies may include:
- Challenging probable cause: Was the traffic stop lawful in the first place?
- Suppressing evidence: Was evidence gathered in violation of your constitutional rights?
- Negotiating plea agreements: Can we reduce the charges or secure a lesser sentence?
- Presenting mitigating factors: Are there circumstances that reduce your level of responsibility?
- Taking the case to trial: When appropriate, we are fully prepared to fight for you before a judge or jury.
Moreover, Jonathan Jay Kirschner, Esq. brings more than 30 years of experience to every case. He understands how prosecutors in St. Lucie County build their cases. As a result, he is uniquely positioned to anticipate and counter the state’s strategy. Request a consultation today to discuss your defense options.
Frequently Asked Questions About Criminal Traffic Charges
Is a DUI considered a criminal charge in Florida?
Yes. In Florida, a DUI is a criminal offense, not just a traffic infraction. Even a first-time DUI can result in jail time, fines, and a license suspension. Therefore, you should always have legal representation for a DUI charge.
Can a criminal traffic conviction be expunged in Florida?
In some cases, yes. However, many criminal traffic convictions — especially felonies — are not eligible for expungement. Additionally, Florida’s eligibility rules are strict. An attorney can review your case and advise you on your options.
What should I do if I am arrested for a criminal traffic offense in Port St. Lucie?
First, remain calm and do not resist arrest. Next, exercise your right to remain silent. Then, contact a criminal defense attorney as soon as possible. The earlier you involve an attorney, the better your chances of a favorable outcome.
Can I lose my license permanently for criminal traffic charges?
Yes. Certain convictions — such as multiple DUIs or vehicular homicide — can result in permanent license revocation in Florida. Furthermore, an HTO designation results in a five-year revocation. An attorney may be able to help you pursue hardship license privileges in some situations.
Do I really need a lawyer for a criminal traffic charge?
Absolutely. Criminal traffic charges carry real criminal penalties, including jail time and a permanent record. Moreover, prosecutors in St. Lucie County take these cases seriously. Having an experienced attorney in your corner makes a significant difference in the outcome of your case.
Contact JKJ — Your Port St. Lucie Criminal Defense Team
Facing criminal traffic charges in Port St. Lucie or anywhere in St. Lucie County is serious. However, you do not have to face it alone. The experienced legal team at Jonathan Jay Kirschner, Esq., & Associates, LLC is available 24 hours a day, seven days a week to fight for you.
We serve clients throughout Port St. Lucie, Fort Pierce, Stuart, Jensen Beach, Vero Beach, and the surrounding Treasure Coast communities. No matter what you are facing, we believe you deserve the strongest possible defense. Our attorneys will work tirelessly to protect your rights, your freedom, and your future.
Talk with a legal expert today. Contact JKJ now to schedule your confidential consultation. We are here to help.
