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March 2016 Archives

Habitualized the hard way

Almost every week I hear from people who have just been informed that they have been habitualized in the worst way. Apparently, ordinary people (not defense lawyers) trust the government and just pay a fine on a traffic ticket, especially when that fine is overdue. A common complaint will go something like this: "I just paid a ticket to get my license back and now I am being told that I am a Habitual Traffic Offender and my license is gone for five (5) years." Almost always the ticket that was paid recently is for driving on a suspended license.

Solicitation of Prostitution Fine Found Constitutional

Solicitation of prostitution is illegal in forty nine (49) states including Florida. Florida Statutes section 796.07(2)(f) declares it unlawful to "solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation". The legislature recently enhanced the punishments for engaging or soliciting a prostitute and instituted a mandatory civil penalty of $5,000.

Arrested for DUI, 10 days for what?

Arrested for DUI? Before going to court, a driver's license will be suspended 10 days after the DUI arrest if the person refused to give a breath sample or sumbmitted to the test and blew over a .08.   As to the license to drive, there are three options (1) request a hearing to reverse the suspension called a Formal Review Hearing, (2) request hearing for an immediate hardship license or (3) do nothing.  The choice to do nothing is a choice to accept a driver license suspension.  The deadline to file an election for a hearing at the Department of Highway Safety and Motor Vehicles (DHSMV) is also the same 10 day period before the suspension is imposed. The DUI citation is a driving permit for those same 10 days.

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