Traffic Offenses

Whether you have been pulled over for speeding for the first time, or are facing a third DUI charge, South Florida traffic lawyer Benjamin Herbst fights to keep your license clean and makes sure you never see the inside of a jail cell. He has successfully represented hundreds of clients in just about every type of traffic violation and has won numerous bench and jury trials for charges including reckless driving, DUI, driving on a suspended license and speeding. Benjamin has also represented numerous juveniles, out of state drivers and CDL drivers that rely on their license for their source of income, and he never settles unless his clients are completely satisfied with the resolution. In addition to the most common traffic offenses, Benjamin also represents defendants in aggressive careless driving citations, following too closely, failure to give information or render aid and making false statement regarding an accident report. He also represents clients charged with permitting a minor or unlicensed driver to drive and unlawful leasing of a motor vehicle. Benjamin is standing by to take on new traffic cases in Miami-Dade, Broward and Palm Beach County, as well as all Treasure Coast jurisdictions. Call to speak with him today at (954) 543-0305.

Of all the traffic offenses that carry jail time, DUI is probably the most notorious. Groups such as MADD and the NTSB continue to spend millions of dollars getting the word out about DUI prevention, and the laws have become increasingly harsh. That being said, DUI is hardly the most common traffic criminal or TC offense. Driving without a license and driving with a suspended or revoked license are far more common than DUI but receive a fraction of the publicity. While there are no mandatory penalties for a first offense for driving on a suspended license, judges still take these cases seriously. First-time offenders face a second-degree misdemeanor charge that can usually be dismissed if the issue is fixed prior to court. Many jurisdictions also offer diversion programs where defendants can avoid criminal prosecution. Things begin to get more complicated after the first offense, as a second offense is classified as a first-degree misdemeanor that is punishable by up to a year in jail. A third conviction carries a mandatory 10-day jail sentence and may be a felony if the defendant has a prior conviction for DUI, refusal, fleeing or eluding or a traffic offense involving death or serious bodily injury.

Racing and reckless driving are two other common criminal traffic charges that judges and prosecutors take seriously. Many defendants are surprised to learn that a reckless driving conviction can result in a jail sentence and a suspended license. The same is true with racing, which carries a penalty of up to 1 year in jail. For each of these charges the state must be able to establish more than just the fact that the defendant was traveling at a high rate of speed. Benjamin has been able to have numerous racing and reckless driving charges dismissed by arguing the officer did not make the required observations for the charge. While not technically considered a traffic crime, fleeing and eluding is one of the most serious highway offenses. Fleeing from the police can lead to a felony arrest and prosecution, and in some cases a mandatory 3-year prison sentence. Other serious highway offenses include DUI manslaughter and vehicular homicide, which are some of the most emotionally devastating cases that a defendant and his or her family can go through. Benjamin has the dedication and skill to be able to guide his clients through the toughest cases, and fight to assure the best possible result in all traffic related charges. Contact South Florida traffic lawyer Benjamin Herbst for a free consultation anytime at (954) 543-0305.