A violation of Fla. Statute 320.38 is a second degree misdemeanor charge. It is criminal in nature and not merely a traffic ticket. As a second degree misdemeanor, it is punishable up to 60 days in the county jail, six months of supervised probation, and a $500 fine can be imposed. Keep in mind that the penalties described here are the maximum penalties allowed by law. It is rare for a defendant to be given such a sentence for this crime.
A good lawyer can do 2 things. 1) See if there are any technical defenses to your case and if so, the lawyer can get the whole charge dismissed against you. 2) Assuming there are no technical defenses, the lawyer might be able to negotiate a non-criminal disposition of your case.
Although this charge seems relatively minor, and it is, you should really do your best to keep your criminal record clean. The first thing you need to is seek out a local central Florida attorney who is familiar with this charge and also the technical defenses to this charge so that you can get the best result. The second thing you can do is get the vehicle properly registered. Doing so will go a long way in negotiating a better resolution if there are no technical defenses only a trained lawyer can find. Good luck and contact me if you wish.
Jason Hicks
Criminal Defense Attorney
Melbourne, Orlando
407-383-7461
William David UmanskyCriminal Defense AttorneyOrlando, FL ·
Mr. Hicks is absolutely correct. In my opinion, you should not go to court on your own. Let me provide you an example. For instance, if you have no criminal record and the judge convicts you and only gives you a fine, you may feel that is an ok resolution. The problem is that if you ever get arrested even for something you did not do, you would not ever be able to destroy the record bc of this conviction. Try to find someone that can help you and if you do before the first court date, they may be able to attend without you even showing up. If you do not hire a lawyer then you MUST appear!
There are very specific requirements under this statute that in most cases would be extremely difficult for a prosecutor to prove. Register your car first so you can show the judge it was an oversight, and if you want to beat the case entirely, consider hiring a lawyer.
Register to your car properly and most lawyers can either get the charge dismissed or reduced to a non-criminal infraction. You can call my office at 407-246-0066 for a free consultation.
