Traffic & Drunk Driving
Traffic & Driving Under the Influence Law
Traffic violations are a mix of regulations and criminal offenses typically based on violations of state statutes and county, city or other local ordinances relating to the operation of motor vehicles. Depending on the severity of the offense you may be subject to a fine, points on your license, loss of driving privileges or even jail time. Abraham | Law takes these matters seriously to ensure your rights are preserved and to seek out the best possible result.
Traffic violations are generally divided into two separate categories: Infractions and violations. Infractions are an offense in which the penalty is usually a fine. Infractions are not crimes, and you can usually pay your fine by mail. A violation is an offense that can carry somewhat stiffer penalties. There are two types of violations: a parking violation and a moving violation. Moving violations include things like speeding or driving under the influence of drugs or alcohol. Recently, moving violations have also included use of a cell phone while driving.
DUI is when someone drives or is in actual physical control of a motor vehicle and is under the influence of alcohol, controlled substance to the extent that his or her mental faculties are impaired.
A DUI conviction may result in criminal penalties such as fines, jail, probation, and/or community service. There are mandatory minimum penalties for first-time offenses and increased penalties for each additional offense thereafter. Drivers with prior DUI convictions should be aware that minimums are just that. Conservative Judges and zealous Prosecutors will seek lengthy jail sentences for multiple offenders—especially for those who are still on probation for a prior offense. It is therefore critical to have an experienced Lead Counsel DUI Attorney who is familiar with the Court you are assigned, the judge presiding over the case, the prosecutor handling the charges, and how to avoid harsh jail sentences and seek the best outcome possible.
The look-back period for multiple offenses has been increased from 7 years to 10 years. Drivers with prior convictions for offenses, which were more than 7 years from the date of their prior offense, may have a constitutional challenge to the retroactive increase and should contact a DUI Attorney experienced in Drunk Driving Defense.
For assistance with your case or ticket, contact Abraham | Law to discuss your specific incident or to schedule a time for a free initial consultation.
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