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April 2012 Archives

How to avoid a DUI and what happens next?

Everyone always asks me, "how do I avoid a DUI?" The answer is easy, if you drink don't drive and if you drive don't drink. The best way is to simply not drive to a drinking event. A taxi costs a heck of a lot less than me; it actually will cost you less than the court reporter. Depending on where you live, a taxi will run you less than the $25 is costs to file a request for a formal review hearing before the Department of Highway Safety and Motor Vehicles. The best way to avoid a DUI is to hire a taxi.

Traffic stops and vehicle searches

Searches resulting from vehicle stops have been hotly litigated since the automobile became available to the public in mass. Since cars are mobile and not as private as your home, the Supreme Court has interpreted the constitution to afford vehicle searches and seizures less protection. For example, an officer can run the tag of a vehicle because there is no expectation that your tag cannot be read by anyone behind you. Of course not every driver out there has the capability to look up your picture address, driving history and warrant information but since the driver in the next vehicle can see if your tag is expired, read your tag and can presumably see the driver of the vehicle, then your expectation of privacy is deemed less and you are not as protected from searches in your passenger vehicle. Most people's interaction with law enforcement begins at a traffic stop, or by the police arriving in a vehicle and activating their lights. Until 2009 I would have called this a seizure.

What is the difference between reckless driving and careless driving?

In Florida there is an enormous difference between reckless driving and careless driving. While many people use the terms "reckless driving" and "careless driving" interchangeably, you should never hear a traffic attorney or criminal defense lawyer do so. The terms do not mean the same thing and are separate and distinct traffic offenses.

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