Driving on a suspended license can be a criminal or civil case in Florida. Too many charges of driving while suspended can result in a 5-year revocation of a driver's license as a habitual offender.
Often times, people will call my office immediately after having received a traffic ticket and ask "what are my options?" The answer like everything else in the law is that 'it depends'. Traffic citations can be criminal or civil infractions. People accused of some civil traffic infractions are required to have a hearing. We refer to these as mandatory citations.
Many criminal cases such as drug possession, drug trafficking and not just DUI or other criminal traffic charges begin with a mere traffic stop. Until recently, clients were advised that if they are driving a blue car and the registration states the registered vehicle is white then, that alone is a sufficient basis for a stop. This would mean that if a person purchased a used car that was white, registered it and then had it painted black with red flames the mere fact that the car was painted would cause an inconsistency with the registration sufficient to justify 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 drugs. 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. While it may seem outrageous that you can be stopped merely for painting your car, 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.
I finally got to litigate the Dunnellon red Light Camera; after what feels like an eternity of fielding calls a resident finally issued a challenge to the government. The Dunnellon red light camera case was dismissed. Fighting the red light camera ticket was worth it because the government is lacking a very necessary step. I am not going to say what they are missing. If the Dunnellon officer in court was paying attention, they know why the case was dismissed. I urge all of you issued a citation from a red light camera in Dunnellon, Florida to fight back.
Why hire a traffic ticket defense attorney when I can just choose school to have points removed? One reason is that you only have five (5) times in your life to elect traffic school. If this is your first ever citation, then why burn an election? Save it. If you received two or more citations, then most of the time the only way to have points removed entirely is to take your cases to court.