Florida Traffic Law.

[cntryboy0531]

Hey everyone.

I have a question for a friend of mine. We both live in Florida. She lives in West Palm Beach. Today she was involved in a car accident. Here's the situation...

Her light turned green, she was going straight. She started making her way into the intersection and a guy blew past his red light and hit her passanger side at 65mph. The speed limit for him was 40mph.

She said before she started blacking out was the the officer did say the other driver was going to be charged with Reckless Driving, Speeding, Running a Red Light, and Open Container :mad: . He was under the legal limit though.

I dont know if injuries play apart in any of it, but she suffered a huge gash to the forehead, a concusion, and some bruises to the shoulder. Me and her are both very thankful she is all right, considering what COULD have happened.

What we are curious about is what other charges might be brought up against the other driver, and the penalties he could face as a result of what I've told you, and any possible charges that could be added later?

Thanks.

[Retired Trooper]

From reading it and what you mentioned I dont see any other charges .

[cntryboy0531]

Ok, anyone know what the penalties there could be for this guy?

[FloridaLEO]

Unless the officer that took the report feels like filing with the SAO for a criminal charge its all over accept for the insurance side of it.

[cntryboy0531]

Oh ok. As for the Insurance she did find out from the officer that the other driver does have insurance.

[FloridaLEO]

Fl is a no fault state. Her insurance company will pay all of her expenses and then they will try to hit up the violators insurance company to recover their losses.

[scott715us]

The criminal penalties could also vary depending on the driver had ever been arrested, his prior traffic history, etc.

90% of arrests that are entered in the criminal justice system are plea bargained. So they make work a deal with him. "Plead guilty to this and this, and we'll drop this, etc." He'll likely get some convictions, but some may also be dismissed. If it was a serious accident as you stated and the guy is seriously at fault, then I'm sure the officer hit em up with all he could. ;)

[JD45]

I know the question was FL. But...too bad that didn't happen in CA. I would have still charged him with DUI even being under the legal limit. Making that accident an instant felony.

[S43riff]

Depends on if he did a DUI investigation for the open container. Its not illegal to be at fault of an accident. If he didnt leave the scene he isnt in trouble for an criminal charges,,,now his licnse status,,,alcohol level etc may make it criminal.

[scott715us]

Depends on if he did a DUI investigation for the open container. Its not illegal to be at fault of an accident. If he didnt leave the scene he isnt in trouble for an criminal charges,,,now his licnse status,,,alcohol level etc may make it criminal.

On the contrary, open container is illegal ;)

[S43riff]

Open container in the vehicle is a ticket in Florida and is an infraction. Need possession or SA wont prosecute for driver. No points for passenger to have it.

[S43riff]

.....ooops wouldnt let me edit...
its non moving for passenger and a moving for driver. But thats Florida Law.

[Nole795]

Florida LEO, correct me if I'm wrong but unless the statutes have changed, Reckless Driving is a misdemeanor violation. So if the driver was ticketed with that charge he was technically arrested. He will have to appear in court within 14 days of issuance.

[scott715us]

55-10-416 (TN)

No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state

A violation of this section is a class C misdemeanor, punishable by fine only

For a violation of this section, a law enforcement officer shall issue a citation in lieu of continued custody, unless the offender refuses to sign and accept the citation....

We can write a cite, but it is a custodial arrest, and not just a traffic ticket. Although the passengers can still drink in this state, when I find an open container a DUI is usually to follow. ;)

[S43riff]

[I]55-10-416 (TN)

No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state

Goes back to the possession part. If there are 4 empty beer cans in the back seat and they are dry......good luck on a conviction.