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FL Traffic Ticket Defense |
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New Rule Requires a Judge to Advise a Defendant When a Plea Will Result in a Driver's License Suspension or Revocation |
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Posted by: dpakula on Monday, October 12, 2009 - 11:58 AM |
The Florida Supreme Court created a new rule that requires a judge to advise a defendant that a plea of guilty or no contest will result in a driver's license suspension or revocation. One common situation in which the new rule will have a significant impact occurs when a defendant pleads guilty or no contest to a third-strike charge of driving while license suspended (DWLS) that will result in a five-year habitual traffic offender (HTO) driver's license revocation. If a judge fails to give the required warning, the plea can be vacated under certain circumstances. The new rule goes into effect immediately. The new rule does not solve the problem that commonly occurs when a defendant incurs a five-year HTO revocation by paying the clerk of court a civil infraction DWLS fine.
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Can the State Prove Knowledge of a Suspended License Through the Driving Record Alone? |
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Posted by: dpakula on Saturday, October 10, 2009 - 09:51 AM |
A recent appellate decision clarifies the proof necessary for the State to establish the knowledge element of a DWLS offense. In Haygood v. State, 34 Fla. L. Weekly D1905 (Fla. 1st DCA Sept. 17, 2009), the State introduced the defendant's driving record from the DHSMV reflecting a suspension for failure to pay a traffic fine and two child support delinquency suspensions. The driving record stated that the statutory notice was given to the defendant. The driving record did not list the defendant's address. The State presented no additional evidence showing the defendant knew his license was suspended. (Read on for the result).
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Too Many People Learn This After It's Too Late: Don't Pay That DWLS Ticket! |
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Posted by: dpakula on Friday, December 05, 2008 - 08:22 PM |
It's an all too common story. You get a ticket for unknowingly driving with a suspended license. With the best of intentions, thinking you are doing the responsible thing by taking care of the problem, you pay the ticket. Then, you receive a letter from the DHSMV (Department of Highway Safety and Motor Vehicles) informing you that by paying the ticket you incurred a third habitual offender strike within five years, and as a result your driver's license will be revoked for five years. Five years!
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Broward Hearing Officer Program Terminated... For Now |
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Posted by: dpakula on Wednesday, August 13, 2008 - 03:20 PM |
Broward's successful traffic hearing officer program is coming to an end effective August 29, 2008 due to lack of funding. On September 2, 2008, county court judges will begin hearing all of the cases formerly handled by the hearing officers. We are talking about almost 60,000 cases per month. There are a couple of issues I will discuss in this blog: first, the warped logic of scrapping a profitable program due to lack of funding; second, where does this leave us in terms of case processing and how long will it last?
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Firm Employs "Rush to Judgment" Theme to Win Hit and Run Acquittal |
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Posted by: dpakula on Thursday, July 31, 2008 - 10:51 AM |
You may recall that one of the themes used by OJ Simpson's dream team was the "rush to judgment." Simpson's lawyers were able to show that the investigating law enforcement officers had already made up their minds before they began the investigation. In that manner, the defense was able to call into question the credibility of the investigation. Regardless of your take on the OJ verdict, the rush to judgment theme is a valid defense in an appropriate case. Recently, our firm successfully employed the rush to judgment theme in defending our client who had been accused of leaving the scene of an accident.
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New Law: Some Third Suspended License Violations No Longer Classified as Felonies |
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Posted by: dpakula on Tuesday, June 24, 2008 - 12:44 PM |
In a new law that takes effect on July 1, 2008, the Florida Legislature has reduced the potential penalties for certain third or subsequent driving with suspended, canceled or revoked license (DWLS) violations. The new law applies if the underlying suspension was for certain reasons, including: failing to pay traffic penalties, failure to pay child support, failing to maintain mandatory auto insurance, and having been designated as a habitual traffic offender (HTO - three violations within 5 years). The Legislature has apparently determined that many persons with multiple DWLS violations do not deserve to be classified as felons. Read on for more details.
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Officer's Squeeze of Contents of Pocket During Pat Down Search Found to Be Illegal, Resulting in Suppression of Evidence |
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Posted by: dpakula on Tuesday, August 14, 2007 - 07:51 PM |
There are constitutional limits to how far a police officer can go when conducting a pat down search for weapons during a traffic stop. For purposes of officer safety, an officer is allowed to conduct a limited pat down search if he or she has reason to believe the suspect may be armed. However, the search can become illegal if the officer continues the pat down after ascertaining that the subject is not armed. Our firm recently won a suppression hearing in a drug possession case by proving that the police officer exceeded the scope of a permissible pat down search by squeezing our client's pocket. As a result, the possession charge was dropped.
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Sleep Deprivation Defense Prevails in DUI Victory |
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Posted by: dpakula on Sunday, June 24, 2007 - 04:03 PM |
Appearances can be deceiving. If you have been wrongly accused of driving under the influence (DUI), don't believe those who may tell you that it's not worth fighting because it will be your word against the police officer's. Our client's recent court victory proves that your reputation and dignity are worth fighting for, and you can win. The key to our victory was the "sleep deprivation" defense. For details of how we won the jury trial, please read on.
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New Pretrial Diversion Program for DWLS Offenders Instituted in Broward County |
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Posted by: dpakula on Monday, February 05, 2007 - 07:18 PM |
About a year ago, I reported that the Broward State Attorney began a new policy that made it more difficult for those charged with a third DWLS to avoid habitualization. In the article, which can be accessed below on this web page, I predicted that the State Attorney's new policy would eventually collapse due to pressure from Broward County judges who were not too pleased with the prospect of creating additional habitual traffic offenders. Sometimes my predictions come true and sometimes they do not. In this case, I was right on target. On January 26, 2007, Chief Judge Dale Ross signed a new administrative order that creates a new pretrial diversion program for DWLS offenders. Its effect will be to save many defendants from a five-year HTO revocation of their drivers licenses.
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Driving with a Suspended License, Part V: When the State Cannot Prove the Defendant's Knowledge of a Suspension |
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Posted by: dpakula on Friday, January 26, 2007 - 07:01 PM |
One of the elements of the criminal offense of driving with a suspended license with knowledge is, of course, that the defendant had knowledge that his or her license was suspended. In a criminal prosecution, the State has the burden of proving this element beyond a reasonable doubt. The Defendant has the right to remain silent and not testify. So how can the State prove the defendant's knowledge? Florida law makes the prosecution's job easy in certain circumstances, and impossible in other circumstances. Hopefully, your case falls into the latter category.
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