Attorney Christian A. Straile, LLC
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Posts tagged "ocala"

Amendments to the Red Light Camera law, the "Mark Wandall Traffic Safety Program"

Amendments to the red light camera law named, the Mark Wandall Traffic Safety Program, which authorize the use of red light cameras to issue a notice of violation, will go into effect on July 1, 2013. A person accused of running a red light by a red light camera will first receive a "Notice of Violation". If the notice is ignored, then eventually a uniform traffic citation charging violation of a traffic control device, violation of a traffic signal device, or running a red light will be issued and delivered via certified mail.

Pre-Trial Release and Violations

A violation of pre-trial release in a criminal case can lead to having a bond revoked. According to numerous sources, comedian Katt Williams was arrested on Tuesday January 8, 2013 for failing to appear in court while out on bond. His bond was revoked and re-set. Several of my clients have missed court or otherwise had their bond revoked while out on bond. Not all of my client's bonds were re-set.

Criminal cases, Drug Possession or Drug Trafficking from a Traffic Stop

Many drug possession, drug trafficking or other criminal charges begin with a mere traffic stop. For years I have advised clients that if they are driving a blue car and the registration states it is to a white car then that alone is a sufficient basis for a stop. This would mean that if I purchased a used car that was white registered it and then had it painted black with red flames the mere fact that I had painted the car would cause an inconsistency with the registration sufficient for a traffic stop. Many times this is where the officer says they smell marijuana or they have a dog that alerts to cocaine or other narcotics. Upon the ensuing search after the traffic stop when drugs are found a person is charged with possession or drug trafficking. In other words painting your car is going to get you stopped but only at the discretion of the officer's suspicion. Fortunately as of the 21st of December 2012 in the First District, this is no longer true. In a case titled Kerick Van Teamer v. State of Florida the First District held that if the color inconsistency is the only basis for the stop then the stop is illegal. Unfortunately other district courts within the state disagree. Therefore if you are driving a car and the registration says it is white and it is painted bright green and you are in Fort Lauderdale or Ocala, then that stop will be upheld. However if you are driving a bright green car that used to be white in Gainesville, Starke or Lake City then evidence gathered from the traffic stop could be suppressed. Now that there is a certified conflict amongst the districts, hopefully the Florida Supreme Court will give us an answer. While it does seem outrageous to me that you can be stopped merely for painting your car, I certainly can see how that may appear suspicious to a government worker driving a government car who is not responsible for the government paint job. That and people who steal cars tend to switch the plates of similar make and model cars. Obviously in the eyes of law enforcement officers anyone who paints their car is suspicious. This decision will be important because of the number of cases including drug possession and drug trafficking cases that begin at a traffic stop. In addition several other types of cases could be generated from a traffic stop such as driving on a suspended license, driving without a valid license, driving under the influence or DUI and certainly after a stop a driver with a warrant would be arrested. If you have any kind of case generated from a traffic stop it is important to have an attorney review whether that stop was legal, no matter if it is a drug case for possession or trafficking of marijuana, cocaine or prescriptions, or a DUI or even a driver's license case such as suspended or no valid. For a free consultation click or call today.

Can an injunction be vacated, dismissed, dissolved, modified or removed once it is in place?

You can vacate, dismiss, dissolve, modify or change an order of protection against domestic violence, injunction or restraining order, sometimes also called a stay-away order. Once a domestic violence injunction is in place, the only way to remove it is through the court. Often people seek out a domestic violence divorce or family lawyer after it is too late and the court has already entered an injunction. If circumstances have changed you can ask the court to change the order of protection against domestic violence.  To get relief from the injunction a party must show that the scenario underlying the injunction no longer exists so that the continuation of the injunction would serve no valid purpose.

Granny's Got a Gun - Possession of a Firearm by Convicted Felon and Concealed Firearms in Florida

The recent appellate case of Rose v. State from the First District Court of Appeal, in which the person was convicted of possession of a firearm by a convicted felon, is a scary reminder of how interactions with law enforcement can go horribly wrong, fast.  The Defendant was convicted of possession of a firearm by a convicted felon.

Do these small towns of Lawtey and Waldo really hold traffic court?

As a traffic ticket defense attorney, a question I am often asked by drivers from other states is the where the smaller municipalities along US 301 between Jacksonville and Gainesville conduct their traffic violation hearings. In Florida, there is no municipal court. All civil traffic infraction hearings are held in County Court and depending on the county either by a county judge or a hearing officer. You may elect to have a traffic hearing determined by a judge.

Careless driving - Traffic Ticket Defense in Gainesville & Ocala

When a driver is charged with careless driving it can be a very serious matter. A citation for careless driving normally means you should contact a traffic ticket defense lawyer as soon as possible.  Many times the charge is the result of a traffic crash or accident.

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