Driving under the influence (DUI) is arguably the most prevalent serious traffic offense in Florida. Law enforcement is particularly vigilant for this type of offense, especially late at night when the risk of impaired driving is perceived to be higher.
Other significant traffic offenses include leaving the scene of an accident (commonly referred to as hit and run) and fleeing or eluding law enforcement. Reckless driving, characterized by a disregard for road safety, is also commonly encountered.
The classification of these offenses as either misdemeanors or felonies largely depends on the specifics of each case and the presence of any aggravating factors. For instance, reckless driving is generally a misdemeanor. However, it can escalate to a felony if the reckless driving results in serious bodily harm.
Similarly, DUI charges can be upgraded to a felony if you have previous DUI convictions or if your impaired driving results in serious injury to another party.
Fleeing or eluding police is inherently a felony. However, the degree of the felony can be escalated based on the circumstances. For example, if you refuse to pull over despite visible police signals, yet maintain a slow speed, you may be charged with a third-degree felony. However, if you attempt to evade the police at high speeds, the charge may be upgraded to a second-degree felony, which carries a significantly harsher maximum sentence.
Leaving the scene of an accident is also graded based on the specific situation. A minor hit-and-run incident would typically be classified as a misdemeanor. But if you leave the scene of an accident where you have severely injured a pedestrian, the charge could elevate to a felony.