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FL Traffic Ticket Defense

Topic: Law
The new items published under this topic are as follows.

New Rule Requires a Judge to Advise a Defendant When a Plea Will Result in a Driver's License Suspension or Revocation
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. >>> 2687 Reads

Can the State Prove Knowledge of a Suspended License Through the Driving Record Alone?
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). >>> Read more... (1459 bytes more) 2675 Reads

New Law: Some Third Suspended License Violations No Longer Classified as Felonies
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. >>> Read more... (1822 bytes more) 4932 Reads

Driving with a Suspended License, Part V: When the State Cannot Prove the Defendant's Knowledge of a Suspension
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. >>> Read more... (1147 bytes more) 3793 Reads

Driving with a Suspended License, Part IV: The Clerk's Withheld Adjudication -- a Secret Weapon to Avoid a Five-Year HTO Revocation
Posted by: dpakula on Thursday, September 21, 2006 - 07:11 PM
If you have two prior convictions for driving with a suspended license within a five-year period (in some instances, a withheld adjudication counts as a conviction), your third strike within the five-year period will result in a five-year HTO (habitual traffic offender) revocation of your driver's license. If you find yourself in this predicament, there is one extremely important thing you must know: do not, I repeat DO NOT attend your arraignment before checking with a qualified attorney. You may be eligible for a one-time procedure known as a "clerk's withheld adjudication." However, this "secret weapon" generally is unavailable after your appearance at arraignment. >>> Read more... (1874 bytes more) 5820 Reads

Diplomatic Immunity, Consular Immunity and Traffic Tickets
Posted by: Admin on Friday, October 22, 2004 - 08:27 AM
?Consular immunity? must be distinguished from ?diplomatic immunity.? The two terms are often used interchangeably. However, there are significant differences between the two types of immunity. >>> Read more... (4576 bytes more) 6012 Reads

Your Constitutional Rights in Traffic Court
Posted by: Admin on Tuesday, October 19, 2004 - 06:39 PM
You're probably wondering, "What does the Constitution have to do with my traffic ticket?" Well, you may be surprised to learn that there are several constitutional provisions that frequently come into play in traffic court. The two most common are the "due process" and the "speedy trial" clauses. >>> Read more... (2227 bytes more) 4710 Reads

Florida Traffic Ticket Defense

Florida Traffic Ticket Defense :: Attorney, Lawyer :: Defending Florida traffic tickets in Broward, Dade and Palm Beach County.

David B. Pakula, P.A.
Attorney At Law

6840 Dykes Road
Southwest Ranches, Florida 33331
(954) 217-5123

david@pakulalawfirm.com
http://floridatrafficticketdefense.com

Lawyer Serving Fort Lauderdale, Weston, Aventura, Pembroke Pines, Southwest Ranches, Davie, Cooper City, Miramar, Plantation, Hollywood, Hallandale, Aventura, Miami, Boca Raton, Delray Beach, Boynton Beach, Palm Beach, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1987.

Mr. Pakula served as a Broward County Traffic Court Magistrate from 2002 to 2004. He is board certified by The Florida Bar in appellate practice and has handled trial and appellate litigation in state and federal courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell. Mr. Pakula is a member of the U.S. District Courts for the Southern and Northern Districts of Florida, the U.S. Courts of Appeals for the 7th Circuit, the 11th Circuit and the D.C. Circuit, and The United States Supreme Court.

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