Orlando Accident Ticket Defense

Don't Let an Accident Ticket Define Your Future

Being involved in a traffic accident is stressful enough. Receiving a traffic ticket afterward, especially if you believe you weren't at fault or if the consequences are severe, adds another layer of complexity. At Lotter Law, our Orlando accident ticket attorney, Jeff Lotter, a former Florida State Trooper, understands the nuances of accident investigations and how citations are issued. We are here to defend your rights and fight to protect your driving record and future.

It's critical to understand that a traffic ticket issued after an accident is a separate matter from any civil lawsuit for personal injury or property damage, though the outcome of your traffic case can sometimes influence a civil case.

Types of Accidents and Associated Penalties

Florida law imposes significant penalties for traffic infractions that result in accidents, particularly those causing serious bodily injury or death. These penalties can include hefty fines, mandatory driver's license suspensions, community service, and points on your driving record. It's important to distinguish between noncriminal traffic infractions and more serious criminal violations related to accidents.

Noncriminal Traffic Infractions Resulting in a Crash:

• If a noncriminal traffic infraction results in a crash causing the death of another person, the infraction requires a mandatory hearing. If proven beyond a reasonable doubt, the penalties include a $1,000 civil penalty, a 6-month driver license suspension, and potentially 120 community service hours (s. 316.027(4)).
• If the infraction causing death was against a vulnerable road user (defined in s. 316.027(1)), the mandatory hearing official must impose a civil penalty of not less than $5,000, a 1-year driver license suspension, and require attendance at a vulnerable road user driver improvement course.
• If a noncriminal traffic infraction results in a crash causing "serious bodily injury" (SBI) to another (defined in s. 316.1933(1)), it also requires a mandatory hearing. If proven, penalties include a $500 civil penalty and a 3-month driver license suspension.
• If the infraction causing SBI was against a vulnerable road user, the mandatory hearing official must impose a civil penalty of not less than $1,500, a 3-month driver license suspension, and require attendance at a vulnerable road user driver improvement course.
• Any moving violation (excluding speeding) resulting in a crash assesses 4 points on your driving record.
• Unlawful speed resulting in a crash assesses 6 points. (See our Speeding Tickets page for more on speeding defenses).
• Careless driving (s. 316.1925) resulting in a crash assesses 4 points.

Other Crash-Related Violations (Often Criminal):

Some violations related to accidents are classified as criminal offenses and carry even more severe penalties, including potential jail time, significant fines, and long-term license revocations. These are not handled as simple traffic tickets under Chapter 318.

• Leaving the scene of a crash (Hit & Run): This is a criminal violation. Penalties and points vary significantly depending on whether there was property damage, injury, serious bodily injury, or death. (See our Hit and Run / LSOA page).
• Driving Under the Influence (DUI) (s. 316.193): If a DUI involves a crash, especially with property damage, injury, SBI, or death, it is a serious criminal offense with enhanced penalties. (See our DUI Defense page).
• Reckless Driving (s. 316.192): A criminal violation that can result in 4 points if property damage or injury occurs, or license revocation if SBI occurs.
• Failure to stop for a school bus (s. 316.172(1)(a) or (b)) causing serious bodily injury or death: This is a criminal offense with a $1,500 penalty, 6 points, mandatory hearing, and driver license suspension of not less than 1 year.
• Load dropping/shifting/leaking (s. 316.520(1) or (2)) resulting in serious bodily injury or death: This becomes a criminal offense. Otherwise, it's a noncriminal infraction with a mandatory hearing and a minimum $200 penalty.
• Operating a vehicle while driver license is suspended/canceled/revoked (DWLS) causing Death or Serious Bodily Injury: This is a felony.

Traffic Infraction Hearing vs. Civil Personal Injury Lawsuit

It's crucial to understand the difference between the traffic ticket you receive after an accident and a potential civil lawsuit for personal injury or property damage:

• Purpose:
  • Traffic Ticket Hearing: Determines if you committed the specific traffic infraction cited by the officer. The focus is on the violation of traffic law.
  • Civil Lawsuit: Determines if one party's negligence caused injury or damage to another, and if so, what compensation is owed.
• Burden of Proof:
  • Noncriminal Traffic Infraction Hearing: The state must prove the commission of the infraction beyond a reasonable doubt. This is a high standard, the same as in criminal cases.
  • Civil Lawsuit: The plaintiff (injured party) must prove negligence by a preponderance of the evidence (meaning more likely than not). This is a lower standard than "beyond a reasonable doubt."
• Outcomes:
  • Traffic Ticket Hearing: Can result in fines, points, license suspension, or traffic school. A "guilty" finding means you committed the infraction.
  • Civil Lawsuit: Can result in a monetary judgment for damages (medical bills, lost wages, pain and suffering).
• Interrelation: While separate, a conviction (guilty plea or finding) for a traffic violation related to an accident can sometimes be used as evidence of negligence in a subsequent civil lawsuit. This is one reason why fighting the traffic ticket is important. However, being found "not guilty" on the traffic ticket does not automatically prevent a civil suit, nor does settling a civil claim absolve you of the traffic ticket.

Lotter Law focuses on defending you against the traffic infraction or criminal charge. While we are not personal injury attorneys, we understand how the outcome of your traffic case can be a factor in civil matters.

Key Defenses in Accident Ticket Cases

Defending against an accident-related citation requires a thorough understanding of Florida traffic law, accident investigation procedures, and rules of evidence. Common defense strategies include:

• Leveraging the Accident Report Privilege (Florida Statutes §316.062 & §316.066):
  • Purpose: This privilege protects statements you make to a law enforcement officer *for the purpose of completing a crash report*. These statements generally cannot be used against you in any trial, civil or criminal, to protect your Fifth Amendment rights.
  • What's Protected: Required information given during the crash investigation (name, address, registration, license).
  • Crucial Exceptions: The privilege does NOT protect:
    • Officer's observations of your physical appearance, demeanor, slurred speech, or odor of alcohol.
    • Results of blood, breath, or urine tests (or refusals).
    • Non-testimonial field sobriety exercises.
    • Spontaneous statements not made in response to questioning (e.g., blurting out "It was all my fault!").
    • False statements made in the report.
    • Statements made after an officer switches from a crash investigation to a criminal investigation and provides Miranda warnings.
  • Not Applicable in Administrative Hearings: Statements from crash reports ARE admissible in DHSMV administrative hearings (e.g., for license suspension).
  • An experienced attorney can identify protected statements and challenge attempts by the prosecution to introduce them.
• Challenging the Officer's "At-Fault" Determination:
  • The officer's conclusion about fault is often based on limited information gathered at a chaotic scene.
  • We can investigate further, examining the scene, vehicle damage, witness accounts, and potential contributing factors the officer may have overlooked (e.g., actions of the other driver, road conditions, visibility issues).
• Disputing the Alleged Violation:
  • Did your actions actually constitute the infraction cited (e.g., careless driving, failure to yield)?
  • We scrutinize the elements of the alleged offense against the facts of your case.
• Holding the State to its Burden of Proof:
  • For noncriminal traffic infractions that proceed to a hearing, the state must prove your commission of the infraction beyond a reasonable doubt. We ensure this high standard is met.
• Negotiation: In many cases, we can negotiate with the prosecutor or officer for a dismissal, a reduction to a less serious offense (e.g., a non-moving violation to avoid points), or a "withhold of adjudication" which means no conviction and no points if conditions are met.

Impact on Your Driving Record and Insurance

A conviction for an accident-related traffic ticket can lead to:

• Points on Your License: As noted, 4 points for most moving violations causing a crash, 6 for speeding causing a crash. Accumulating too many points leads to license suspension.
• Increased Insurance Premiums: Insurers often significantly raise rates after an at-fault accident or a conviction for a moving violation related to a crash.
• Mandatory Court Appearance: Often required for infractions involving SBI or death.
• CDL Consequences: For Commercial Driver's License holders, any accident-related ticket can be devastating, potentially leading to disqualification.

Why Choose Lotter Law for Your Accident Ticket Defense?

• Former Florida State Trooper Experience: Jeff Lotter personally investigated countless accidents. He knows how officers gather evidence, write reports, and determine fault – and where mistakes can be made.
• Deep Understanding of Accident Report Privilege: We know how to effectively use this critical defense and its exceptions to protect you.
• Thorough Case Analysis: We don't just look at the ticket; we examine all available evidence to build the strongest defense.
• Focus on Minimizing Consequences: Our goal is to achieve the best possible outcome, whether it's dismissal, reduced charges, avoiding points, or preventing license suspension.
• Aggressive Representation: We are prepared to challenge the state's case at every turn and take your case to a hearing if necessary.