Articles Posted in Criminal Traffic Defense

What Is Reckless Driving in Florida? Charges, Penalties, and Defense Strategies
Brancato Law Firm, P.A.

Key Takeaway: Reckless driving in Florida under §316.192 means operating a vehicle with willful or wanton disregard for the safety of persons or property. A first offense is a misdemeanor carrying up to 90 days in jail. If reckless driving causes serious bodily injury, it becomes a third-degree felony. Florida also created a new offense…

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What Is Driving Without a License in Florida? Charges, Penalties, and Defense Options
Brancato Law Firm, P.A.

Key Takeaway: Driving without a valid license under Florida Statute §322.03 is a criminal offense — not just a traffic ticket. A first offense is a second-degree misdemeanor carrying up to 60 days in jail. A second offense is a first-degree misdemeanor with up to 1 year in jail. A third or subsequent conviction carries…

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What Is Leaving the Scene of an Accident in Florida? Hit and Run Laws, Penalties, and Defense Options
Brancato Law Firm, P.A.

Key Takeaway: Leaving the scene of an accident in Florida is a serious criminal offense under §316.027, §316.061, and §316.063. If someone suffered injuries, it is a felony. If the crash caused a death, it is a first-degree felony carrying a mandatory minimum of 4 years in prison. Even leaving the scene of a property-damage-only…

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What Is Driving While License Suspended in Florida? Charges, Penalties, and Defense Options
Brancato Law Firm, P.A.

Key Takeaway: Driving while your license is suspended, revoked, or canceled (DWLS) is a criminal offense under Florida Statute §322.34. A first offense with knowledge is a second-degree misdemeanor carrying up to 60 days in jail. A second offense is a first-degree misdemeanor with up to 1 year in jail. However, a third or subsequent…

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What Is Fleeing and Eluding in Florida? Charges, Penalties, and Defense Options
Brancato Law Firm, P.A.

Key Takeaway: Fleeing or attempting to elude a law enforcement officer under Florida Statute §316.1935 is a felony — even on a first offense. The base charge is a third-degree felony carrying up to 5 years in prison. If the driver flees at high speed or with wanton disregard for safety, the charge escalates to…

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What Are Flock Cameras and ALPRs in Tampa?
Brancato Law Firm, P.A.

KEY TAKEAWAY Flock Safety cameras and Automated License Plate Readers (ALPRs) are rapidly expanding across Tampa and the entire Tampa Bay area. These systems capture your vehicle’s license plate, make, model, color, and distinguishing features every time you drive past one. That data feeds into a searchable nationwide database. Thousands of law enforcement agencies can…

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The Paper Trail Defense
Brancato Law Firm, P.A.

A Tampa Criminal Defense Case Study By Rocky Brancato Early in my career, I tried a case that taught me a lesson I still carry today: never accept the narrative that police and prosecutors present at face value. Although the case made headlines across Florida, and although the State’s theory seemed airtight, I discovered something…

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When the Car—Not the Driver—Caused the Crash
Brancato Law Firm, P.A.

How an Accident Reconstructionist and ASE-Certified Mechanic Proved a Stuck Accelerator When a high-speed crash kills a passenger, prosecutors typically assume the driver is at fault. After all, they look at the speed, the damage, and the witness statements—and then they charge vehicular homicide. However, sometimes the driver is not at fault. In certain cases,…

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Is Your License Plate Frame Illegal in Florida?
Brancato Law Firm, P.A.

The 2025 Law Explained—With Official Clarification Updated January 19, 2026 | Originally Published September 2025 December 2025 Update: Our Analysis Confirmed When we published this article in September, we faced criticism. Some accused us of misreading the law. Others suggested we were just trying to generate business. Several commenters pointed to videos from law enforcement…

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Florida CDL DUI Suspension Appeal: How Tampa Attorney Rocky Brancato Got a Commercial License Restored
Brancato Law Firm, P.A.

A strategic legal challenge to DHSMV administrative suspension resulted in complete reversal by the Thirteenth Judicial Circuit KEY TAKEAWAY Florida CDL holders facing DUI suspension have only 10 days to request a formal review hearing. Moreover, even if the hearing officer rules against you, appellate review can overturn the suspension—as demonstrated in this Hillsborough County…

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Meet Rocky Brancato

For over 25 years, Rocky Brancato has been a prominent force in Tampa Bay’s legal arena. Rocky rose to second-in-command at Tampa Bay’s largest defense firm before launching Brancato Law Firm, P.A. As a former specialized major crimes attorney for serious offenses like...