- Meltzer & Bell, P.A.
- Procedures in Traffic Court
- Mandatory Hearing
- Serious Bodily Injury
Infractions with Serious Bodily Injury
Sometimes a person is seriously injured in a crash. If during the traffic homicide investigation, the officer determines that no criminal charges should be filed related to reckless or impaired driving, then the officer may nevertheless issue a civil infraction like running a red light or speeding.
If the officer cites a person for "injury to another," then the case will automatically be assigned to a county court judge instead of a hearing officer. The infraction requires a mandatory hearing in front of a county court judge. In other words, these traffic tickets are more serious because you cannot simply pay the ticket or elect to attend traffic school in order to avoid points or a conviction.
The penalties for a traffic ticket involving serious bodily injury are much more serious than other types of traffic tickets. In fact, if the driver is found guilty of the underlying traffic infraction and if the court finds that a serious bodily injury occurred, then the court is required to impose a civil penalty of $500.00, a court-imposed requirement that the driver complete driving school, and a 90-day driver's license suspension.
These penalties are minimum mandatory provisions that must be imposed after a conviction. Even more serious penalties are imposed if the crash involves a death or fatality.
Attorney for Serious Injury Tickets in Florida
If you were given a citation for committing a traffic infraction with death or serious bodily injury, then contact an experienced traffic ticket attorney at Meltzer & Bell, P.A..
From our office in Fort Lauderdale, we represent clients with traffic infractions in Broward County at the Central Courthouse in Fort Lauderdale, FL, the County Civil North Regional Courthouse in Deerfield Beach, County Civil South Regional Courthouse in Hollywood, and County Civil West Regional Courthouse in Plantation, FL.
From our office in West Palm Beach, FL, we represent clients in Palm Beach County at the Main Courthouse in West Palm Beach, the West County Courthouse in Belle Glade, the North County Courthouse in Palm Beach Gardens, and the South County Courthouse in Delray Beach.
Our attorneys also represent clients in Fort Pierce and Port St. Lucie in St. Lucie County, Hobe Sound and the Village of Indiantown in Martin County, and in Coral Gables, Hialeah, Miami Beach and Miami in Miami-Dade County, FL.
Call (561) 500-5000 today.
Definition of Serious Bodily Injury in Florida Traffic Cases
The term "serious bodily injury" under Florida Statute 316.1933 is defined as "an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
Hardship License after a Serious Bodily Injury Suspension
If you are convicted of a civil or non-criminal traffic infraction that resulted in serious bodily injury to another and your driver's license was suspended for three (3) months, you can apply for hardship reinstatement through the Bureau of Administrative Reviews Office where you live.
To reinstate for a hardship license or when time expires, you will need to:
- show proof of enrollment in an Advanced Driving Improvement (ADI) school;
- take a required examination;
- pay a suspension reinstatement fee; and
- pay any applicable license fee.
This article was last updated on Friday, March 23, 2018.
Lawrence Meltzer & Steven Bell
West Palm Beach, FL 33401 (561) 557-8686
Fort Lauderdale, FL 33301 (954) 745-7457