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Trivia

What could be considered domestic violence?

  1. Physical or sexual assault/abuse
  2. Threatening bodily harm
  3. Stalking
  4. All of the above

Correct Answer All of the Above

In Florida, domestic violence does not have to be “violent” or have an injury involved.

True or False

Petit theft of property valued at less than $100 is considered a second-degree misdemeanor.

  1. True
  2. False

Correct Answer True

The penalty is up to 60 days in jail, or 6 months of probation, and a fine of up to $500.

Which of the following is NOT a misdemeanor?

  1. Petit Theft
  2. Simple Battery
  3. Disorderly Conduct
  4. Burglary

Correct Answer Burglary

Burglary is a felony offense and carries severe penalties that typically include prison and probation.

What are the penalties for carrying a concealed weapon?

  1. Up to one year in jail
  2. Up to one year of probation
  3. Up to $1,000 in fines
  4. All of the above

Correct Answer All of the Above

Carrying a concealed weapon is a first-degree misdemeanor.

True or False

Paying tickets for driving with a suspended license without knowledge can make you a habitual traffic offender.

  1. True
  2. False

Correct Answer True

If you pay tickets for driving with a suspended license without knowledge, these payments count as convictions on your record, and three convictions within five years will cause you to become a habitual traffic offender.

How many points can you get on your license before it is suspended?

  1. 5
  2. 10
  3. 12
  4. 15

Correct Answer 12

12 points within 12 months will cause your license to be suspended for 30 days.

True or False

You are required to take a breath test if being arrested for a DUI.

  1. True
  2. False

Correct Answer True

Florida has an implied consent law to which you agreed when you were issued your driver’s license. The law states that if you refuse a breath test, your license will automatically be suspended for at least 12 months.

What offense can make you a habitual traffic offender?

  1. Driving with a suspended license
  2. Driving under the influence
  3. Leaving the scene of an accident with a serious injury
  4. All of the above

Correct Answer All of the Above

A Habitual Traffic Offender is any person that has been convicted of any of the three qualifying traffic offenses within five years.

True or False

Aggravated assault requires that a deadly weapon is threatened to be used.

  1. True
  2. False

Correct Answer True

A weapon is considered a deadly weapon if it used or threatened to be used in a way likely to produce death or bodily harm. These weapons are typically knives, firearms, and motor vehicles.

What is burglary of a conveyance?

  1. Entering a motor vehicle with the intent to commit a crime
  2. Entering someone’s residence with the intent to commit a crime

Correct Answer Entering a motor vehicle with the intent to commit a crime

The penalties for burglary depend on if the conveyance is occupied or not. If unoccupied, this is a felony of the third degree and carries a maximum penalty of 5 years in prison or 5 years of probation and a $5,000 fine.

True or False

If property damage is greater than $200 but less than $1,000, then the criminal mischief offense constitutes a felony of the third degree.

  1. True
  2. False

Correct Answer False

This would be a first-degree misdemeanor. If the damage to property is greater than $1,000, then the offense constitutes a felony of the third degree, which is punishable by up to five years in prison.

What is considered a felony of the first degree?

  1. Aggravated battery of a law enforcement officer
  2. Theft of an automobile
  3. Trespassing while armed with a weapon

Correct Answer Aggravated battery of a law enforcement officer

Felonies of the first degree in Florida are usually punishable by up to 30 years in prison and a fine of up to $10,000.

What is the maximum jail penalty for a first degree misdemeanor?

  1. 10 days
  2. 60 days
  3. 365 days

Correct Answer 365 Days

Up to 365 days in jail or probation and a $1,000 fine.

True or False

If you are convicted of misdemeanor drug possession, the DMV will suspend your driver’s license.

  1. True
  2. False

Correct Answer True

The DMV will issue a 6-month driver’s license suspension to anyone convicted of any drug possession offense.

What misdemeanors could be upgraded to felonies if you have priors for the same offense?Front Title Goes Here

  1. Petit Theft
  2. Battery
  3. DUI
  4. All of the above

Correct Answer All of the Above

Petit theft, battery, and DUI are some of the offenses that are considered “enhanceable.” This means if you have these offenses in your criminal history, a new offense may be upgraded to become a felony.

True or False

Your driver’s license can be suspended if you don’t pay your traffic ticket on time.

Correct Answer True

The DMV may suspend your license if you don’t pay your ticket within 30 days from the date it was issued.

True or False

A ticket for a moving violation carries points.

Correct Answer True

A moving violation carries at least 3 points and may increase your insurance premium. If you accumulate enough points, it will result in a license suspension!

Which of the following is a violation of FL traffic law?

  1. Driving 5 mph below the speed limit.
  2. Driving with headphones on.
  3. Adult not wearing a seatbelt in the backseat.
  4. Failure to stop at a yellow traffic signal.

Correct Answer Driving with headphones on.

FL statute 316.304(1) prohibits drivers from wearing a headset that covers both ears while driving.

True or False

Having 1 pill of Xanax or Adderall without a prescription is a felony.

  1. True
  2. False

Correct Answer True

This is considered possession of a controlled substance without a prescription and is a third-degree felony, carrying a maximum penalty of 5 years in prison and a $5,000 fine.

What is the maximum prison penalty for a first degree felony?

  1. 1 year
  2. 5 years
  3. 30 years

Correct Answer 30 years

Up to 30 years in prison or probation and a $10,000 fine.

True or False

A police officer can issue a Notice to Appear with a court date to a person suspected of committing a felony.

  1. True
  2. False

Correct Answer False

A police officer must make an arrest or request an arrest warrant for a person suspected of a felony. The officer may not issue a Notice to Appear or Summons with a court date.

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Gans Law offers a variety of services that range from criminal defense to suspended licenses. Here at Gans Law, we understand that sometimes good people find themselves dealing with complex legal matters.

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Resisting Arrest With and Without Violence in Florida

Whenever you encounter law enforcement and they go to arrest you, it is never a good idea to resist them as you can get into more trouble. If you resist arrest with violence, you’ll face even higher penalties.   Resisting Without Violence According to Florida Statute...

Florida Traffic Tickets and Your Driving Record

When you get pulled over for a moving violation, you may wonder what is going to happen to your driving record. Is it something that prospective employers can see? If you decide to fight a traffic ticket, either by taking it to court yourself or hiring an attorney,...

Why is being on probation more dangerous than you think?

When facing potential jail time, most defendants prefer to be placed on probation instead of going to jail. Probation comes with many stipulations that many defendants fail to consider. Before accepting an offer of probation, consider the following:  Florida Statute...

Misdemeanors and Felony Charges in Florida

Felonies and Misdemeanors differ in both the severity of the crime and of the penalties. Misdemeanors tend to be less severe crimes, so the punishments for these crimes tend to be lesser. The fines are relatively small, and you can only be held in jail for up to a...

What is the Penalty for First-Time DUI in Florida?

Driving Under the Influence (DUI), often referred to as “drunk driving,” is when a driver of a motor vehicle has a blood alcohol content (BAC) over the legal limit, or their normal faculties are impaired by drugs or alcohol.  A DUI conviction in Florida comes with...

What is Disorderly Conduct?

In Florida, disorderly conduct is any behavior that disrupts a public space. Some common examples include making excessively loud noise, drunk and disorderly behavior, and fighting in the street. Florida Statute 877.03 defines disorderly conduct as acts that are of a...

Can You Lose Your License for Leaving the Scene of an Accident?

Under Florida law, it is a criminal offense for leaving the scene of an accident. Florida Statute 316.061 states that leaving the scene of an accident, also known as a “hit and run,” occurs when the driver of the vehicle involved in a crash resulting in damage to...

New Florida Law: Playing Loud or Excessive Music

On July 1, 2022, a Florida law went into effect that prohibits excessive music and other sounds from being played inside the vehicle. According to Florida Statute 316.3045, it is unlawful for any person operating or occupying a motor vehicle on a street or highway to...

What’s the Difference Between Assault & Battery in Florida?

Although assault and battery offenses in Florida are similar and are discussed together, they are two distinct criminal offenses. In Florida, the main difference between assault and battery is the absence or presence of physical contact. Assault is a verbal or...

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