While people often think of traffic offenses as minor infractions, they can often result in significant penalties. Additionally, the sentencing guidelines for traffic violations carry the same weight as other crimes, and if a court fails to provide them their due regard, it may result in the reversal of a sentence. This was demonstrated in a recent Florida opinion issued in a traffic case in which the State appealed the sentence imposed on the defendant as illegal. If you are charged with a traffic offense, it is critical to retain an assertive Clearwater traffic violation defense lawyer to help you protect your rights.
History of the Case
It is alleged that the police stopped the defendant for running a stop sign. During the stop, the officer learned that the defendant’s license was suspended. As such, the defendant was arrested and charged with driving with a suspended license. The traffic citation and probable cause affidavit indicated that the defendant had three prior convictions for driving with a suspended license.
Reportedly, however, the information only listed on a prior conviction for driving with a suspended license. The defendant entered a no-contest plea in exchange for a sentence of payment of court cost and an adjudication. The State objected, arguing that the statute defining the offense required a mandatory ten-day jail sentence for third and subsequent convictions. The court denied the State’s objections, adjudicated the defendant guilty, and required him to pay court costs. The State then appealed, arguing the sentence was illegal. Continue Reading ›