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December 2016 Archives

Criminal & Traffic - Mistakes on Citations or Reports

In criminal and traffic defense a common complaint from an accused individual or their family is that the arrest affidavit, arrest report, accident report or citation contains one or more errors. For example, if there is a DUI accusation with a child in the car but the officer marks on the DUI citation that there were no passengers under the age of 18 or marking "no injury" on a traffic ticket in a case involving a fatality. (actual examples). The ugly truth is that the police, deputies and troopers filling out these documents are people too and they make mistakes.  Unfotunately, typographical or similar errors will usually not lead to a case being dismissed.

Racing, a Criminal Traffic offense in Florida

The criminal traffic offense of "Racing on Highways" is not limited to just what most people think of as a highway, street or road. Parking lots are specifically mentioned in Florida Statutes section 316.191, the racing statute and a violation of chapter 316 can be enforced on any road and even parking lots. Racing can be in any motor vehicle not just passenger cars and trucks.

Restoration of the Right to Possess Firearms

There are several reasons why a person may have their gun rights taken away. In some circumstances, the right to possess firearms can be restored. For example, if the prohibition from possessing weapons or firearms is due to an involuntary commitment, placement or hospitalization such as an adjudication of incompetence to consent to treatment then, there is a process in Florida to have gun rights restored. When somebody has their right to possess guns taken away, the law describes that as having a disability from possessing firearms or weapons.

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