http://www.floridatrafficticketdefense.com/ Florida Traffic Ticket Defense en-us http://www.floridatrafficticketdefense.com/images/logo.gif http://www.floridatrafficticketdefense.com/ dpakula@infionline.net http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=20 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. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=19 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. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=18 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. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=17 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. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=16 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. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=15 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. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=14 At the beginning of 2006, the Broward State Attorney's Office implemented a change in its policy regarding persons charged with driving with a suspended license (DWLS) who are on the verge of being habitualized. Under the "three strikes" law, upon a third conviction for driving with a suspended license a motorist generally becomes a habitual offender and incurs a five-year drivers license revocation. Prior to 2006, the Broward State Attorney's policy was to reduce the charge to "no valid driver's license" for a person facing habitual offender status. The sound theory underlying the old policy was that people in South Florida will drive with or without a license, since for most people it is the only way to get to work. So why criminalize more motorists by forcing them to commit the illegal act of driving with a revoked license just to earn a living? http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=12 Our firm boasts an approximate 50 percent dismissal rate for our ticket clients. How do we do this? The most common reason for dismissal is law enforcement error when writing the ticket. Although law enforcement officers are trained in this area, it seems that they keep making the same mistakes over and over. Don't get me wrong -- I'm not complaining! But it seems ironic that law enforcement officers, who are responsible for ensuring motorists' compliance with traffic rules, have their own troubles complying with the ticket writing rules. Read on and I'll explain how law enforcement officers break the rules every day -- and get paid for doing it! http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=11 The law regarding habitual offender status for driving with a suspended license can be confusing. Most of us have heard the expression "three strikes and you're out" as applied to this area of law. In other words, three driving with suspended license convictions will lead to a five-year revocation of driving privileges. But it's not that simple. Seemingly minor distinctions can make a big difference. Technical distinctions between a "with knowledge" versus a "without knowledge" offense, or between an "adjudication" versus an "adjudication withheld" are significant. What's up with all of that? In this article, I will try to explain how it works. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=10 I am not a historian. But allow me to share with you what I know about the interesting history of traffic ticket defense in Florida. Until about ten or fifteen years ago, there was no such thing as a lawyer specializing in traffic ticket defense in Florida. There were criminal defense attorneys who handled traffic tickets, and their fees were rather pricey compared to the fees currently being charged in today's competitive environment. The first few attorneys who specialized in traffic ticket defense discovered that there was a niche market for defending traffic tickets. These lawyers did quite well financially. When other attorneys discovered the success of the early pioneers, the competition and the bidding wars began. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=9 So you've been habitualized. The State of Florida has declared you to be a habitual offender after your third conviction for driving with a suspended license. Three strikes, you're out. Is there hope, or are you doomed to a five year revocation of your driving privileges? Is applying for a hardship license after one year your only option? You may be surprised to learn that in many cases there is actually a way to "un-habitualize" and regain your driving privileges. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=8 During my experience as a Broward Traffic Magistrate, I witnessed the end results of defendants' behavior during traffic stops. Law enforcement officers are above all else human beings, and they have a wide range of reactions to their encounters with motorists. While it is difficult to make generalizations, I found that defendants who were courteous and polite during traffic stops generally fared better in court than those who were not able to avoid the temptation of venting their anger, frustration or disagreement with the law enforcement officer. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=7 Under Florida law, if you have three convictions for driving with a suspended (or revoked) license within a five-year period, you are considered a "habitual offender" and your driving privileges will be revoked for five years. (You may be able to apply for a hardship license after one year). This is sometimes referred to as Florida's "three strikes" law. Amusing baseball analogies aside, the habitual offender law is no laughing matter for anyone who has received even a single traffic citation for driving with a suspended license. If you are the unlucky recipient of such a ticket, there are three things you need to know to avoid striking out. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=4 ?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. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=3 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. http://www.floridatrafficticketdefense.com/modules.php?op=modload&name=News&file=article&sid=1 If you fight your ticket based on one of these defenses, you will probably wish you had contacted us instead.