Serious Traffic
Traffic violations range from simple civil traffic infractions (tickets) to felony traffic charges. Infractions start at a monetary penalty of $124.00, without jail, and the felony charges can carry several years of prison sentence.
I handle all levels of violations. "Serious" traffic charge usually refers to the major charges that count toward habitual traffic offender status, some of which involve mandatory jail or prison sentences.
Habitual Traffic Offenders are the driving equivalent of habitual criminals who receive life in prison because they have received three (3) felony convictions.
If a driver receives three convictions for any combination of the eight serious charges listed below, in a five year period, the Department of Licensing will revoke the driver's license for 7 years in addition to the suspensions received for the serious offenses.
Any driver who receives 21 moving violations or 3 major traffic violations in any five (5) year period is also suspended for an additional seven (7) years. Habitual criminals have their history reviewed by a prosecuting attorney who has the discretion to ignore their record without asking for a life prison sentence. Habitual traffic offenders are reviewed by a computer and the seven (7) year revocation is automatically added.
| HTO Offenses |
Felony |
Mandatory Jail |
| Vehicular Homicide |
YES |
YES |
| Vehicular Assault |
YES |
YES |
| Driving Under the Influence |
if 5th in 10 yrs |
YES |
| Actual Physical Control |
NO |
YES |
| Attempting to Elude |
YES |
YES |
| Hit & Run |
if death/injury |
if death/injury |
| Reckless Driving |
NO |
NO |
| Driving Suspended/Revoked |
NO |
if 1st degree |
The judges will start by imposing one year in jail and a $5,000.00 fine; however, they usually suspend all but the mandatory minimums, as follows:
| ITEM |
AMOUNT |
COST* |
EXPLANATION |
| Jail |
24 hours |
$0 |
some jails charge booking fee |
| EHM |
none |
$0 |
may trade 15 days for jail @ $300 |
| Fine |
$350 |
$866 |
includes $516.00 assessments |
| Interlock |
1 year |
$780 |
$65.00/month |
| Probation |
5 years |
$300 |
flat fee for computer monitoring |
| Alcohol Evaluation |
1 session |
$150 |
|
| Alcohol Counseling |
1 Saturday |
$100 |
|
| Victims Panel |
3 hours |
$40 |
|
| License Suspension |
90 days |
|
@ $25/month extra |
| SR 22 |
3 years |
$900 |
special insurance filing |
| Re-license |
5 years |
$150 |
probation |
| ORL/IID |
|
$100 |
|
| |
|
$3,891 |
|
The typical monetary expense does not include lost or missed wages, attorney fees, jail charges or lost employment and credit opportunities.
*typical |
