Gainesville Criminal Defense Law Blog

As a traffic ticket lawyer in the Gainesville and Ocala area an article stating that red light cameras may be coming to Gainesville, Florida sooner rather than later peaked my interest this weekend. According to the article in the Gainesville sun our commissioners are voting this week on whether to install red light cameras at intersections here in Gainesville. These types of traffic citations for running a red light and being accused by a red light camera are problematic and can be fought. The citations for a traffic violation are mailed to the registered owner.

The article notes a few interesting facts. First some of these red light traffic tickets are being thrown out by the courts. Right now, Florida courts are split on whether citations issued due to red light cameras are constitutional notwithstanding the calibration and maintenance issues. Second it costs too much if citizens fight. That is government admitting what I always say, that if more of us stood up and fought these things then more of us would win. The trouble is that if you find yourself having to appeal a traffic citation, the costs outweigh the individual victory.

Are these red light cameras really deterrents? What is more of a deterrent, the marked cruiser or the camera that a driver may or may not know is present? At the intersection of Archer Road and 34^th Street by the University of Florida in Gainesville, the city has installed motion sensors. They look an awful lot like cameras, has that deterred anything?

One example of how this law may be found unconstitutional is if you imagine the owner of the vehicle, if the owner claims they were not the driver, has to swear to an affidavit who was driving the car. What if the owner committed the crime of knowingly permitting an unauthorized operator to drive? This is a violation of Florida Statutes section 322.36 and is a misdemeanor. Then presumably the fifth amendment would protect that owner from swearing anything? Also note how the law shifts the burden of proof to the owner away from the government. This runs afoul to our founding principles. What if we are gathering for the holidays and 12 drivers had access and the owner does not know? All 12 have to be turned in?

If you are cited for any traffic matter, criminal or civil, you should at least speak with a traffic lawyer. Please call 877-219-1875 or email me.

Waldo, Florida is located within Alachua County along US highway 301. Many people feel that Waldo is a speed trap. Although the signage has improved in recent years, the speed does change frequently and the school zone in Waldo when turning from US 301 Southbound onto SR-24 is difficult to manage especially if you are not from here. Many people from out of state call my office after receiving a traffic citation looking for a lawyer to handle traffic ticket defense due to an alleged traffic violation in Waldo.

What can you do if you were issued a traffic ticket in Waldo? In every traffic violation case you have three options. First you could just pay the citation, you will receive points on your license, your insurance may increase for years and some states will suspend your license if you were driving fast enough.

Second, if you qualify you may elect traffic to take traffic school, which will guarantee no points on your license but you will still have to pay the citation in full. A few years ago our legislature removed the discount which used to apply; now you must pay the traffic citation in full when you elect traffic school. You do not qualify if you have a commercial driver's license or CDL.You may only make the traffic school election once every year and only five (5) times in your lifetime. There are schools online and in person. You may follow the links from my website's resources page. (Of course, I have an interest in the link meaning the company will pay me if you pay them.) You can find links to the Clerk's office on the same resources page cited above. (No, the government does not pay me if you pay them.) You can find out online when the last time you elected traffic school and a surprising amount of information online. Just follow the Driver License Check link from my resources page.

Third you can hire a traffic ticket lawyer to represent you in court. I practice traffic ticket defense in Gainesville, Ocala and the surrounding areas. The court for traffic tickets issued in Waldo, Florida is in Gainesville. During my interactions with law enforcement officers along the US 301 corridor, including Lawtey, Starke, and Waldo they have divulged that their municipal statistics showed that in any given month, 80-90% of people just pay their traffic ticket or in the alternative elect traffic school which requires payment of the citation. Why do an overwhelming majority of citizens just roll over and pay the traffic ticket?

I think the first reason people pay or take traffic school and pay a traffic citation is that if you elect to take the traffic school you may do so online. Therefore, the school is more convenient than it was even ten years ago. Second, perhaps most people feel that if you fight your traffic ticket you will lose when it is the law enforcement's word against the citizen. Unfortunately this can seem true. What can you do? I say fight your Waldo, Lawtey or Starke traffic ticket citation. Make them prove their case. Even in North Florida sometimes the officer does not show. When they do show they sometimes do not have their documents in order.

You should always fight a single car accident case in which you are charged with careless driving. In that instance you are most likely cited with careless driving because there was an accident and for no other reason. In single car accident careless driving citations, you are likely the only witness to the accident.  The State has to prove you guilty, the officer or trooper did not witness the accident over 90% of the time. If you hire me, or another lawyer we go to court for you. What evidence can they present? None. If you go on your own, they may ask you questions and you may have to admit you were driving. Hiring a traffic ticket defense lawyer will save you points, and fine and court costs association with the traffic citation for careless driving because without evidence, the State cannot meet their burden of proof which is beyond a reasonable doubt.

No attorney I know charges for traffic matters consultations. Contact someone; hopefully if you are reading this you will Contact an attorney Attorney Christian A. Straile for you free consultation regarding your traffic ticket.

In a speeding ticket case if the officer shows with documents in order, then the speed measuring device result will be presumed accurate. These defenses are difficult; however most of the time an attorney can help you to avoid points and traffic school. If you do not take your shot you will always miss. If you fight your traffic ticket case, you may win. If you contact my office and mention this blog, I will guarantee you no points or your money back.

In short most people do not fight their traffic ticket case. More people should. Just about all attorneys will talk to you about your criminal or traffic case for free over the telephone. Contact an attorney. Please consider my services by calling 352-371-9141 from Alachua and Levy Counties or 352-694-4529 from Marion County or emailing for a free consultation in your traffic violation case whether it is criminal or civil, I handle all traffic matters.

My resources page: http://www.acaslaw.com/Resources.shtml
Contact my office: http://www.acaslaw.com/Contact.shtml