Attorney Christian A. Straile, LLC
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Posts tagged "Starke traffic lawyer"

Changes to Criminal Driving on a Suspended License

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.

Traffic Ticket but Ain't From Round Here - Out of State drivers ticketed in Florida

What if you received a traffic citation in Florida but you live in another state and cannot come back to fight the ticket in Court? There is a fundamental right to travel in the United States. However, when using the roads such as north Florida's main arteries of I-75, US 301, US 441 a driver can be ticketed even if they ain't from around here and are unfamiliar with the area. Some drivers call the office and feel that they may have even been targeted because they are from out of town or just visiting. We can defend the citation in court and maybe have it thrown out, dismissed or have a driver found not guilty, but we cannot change the circumstance that the driver stands accused. We defend against the accusation.

DUI and the Ignition Interlock Device

In DUI defense a common question or problem involves the "ignition interlock device". The law on the ignition interlock device states that the Department of Highway Safety and Motor Vehicles "shall require the placement of a department-approved ignition interlock device for any person convicted of committing an offense of driving under the influence as specified".

Traffic Ticket Defense in a Single Vehicle Crash

Traffic tickets are issued for single vehicle or car crashes. A person ticketed for careless driving, failing to maintain a lane, or any other traffic citation charge brought as a result of a crash involving only one vehicle should always chose to take the infraction to court. In that instance the person cited received the ticket because there was an accident and for no other reason.

Traffic Tickets or Citations Marked "Infraction Court Appearance Required"

Some traffic tickets are issued as "Infraction Court Appearance Required" sometimes also referred to as Mandatory Appearance citations. The only choice is whether to hire a lawyer or go into court unrepresented.  In general, if the case requires an appearance, then the person should have counsel.  Failure to appear in court will cause harsh consequences. Near the bottom of a Uniform Traffic Citation, on the left hand side there are three boxes. From top to bottom those boxes should be Criminal Traffic, Court appearance required and, Infraction which does not require appearance in court.

Speeding and other School Zone Citations

School zones are heavily monitored. Therefore, in traffic ticket defense, we seeseveral citations issued to people for failing to stop at a red light (or behind the stop bar), failing to yield, failure to obey a traffic control device and of course speeding through a school zone. The cities on US Highway 301 (Waldo and Lawtey) still write a bunch of tickets even though their signage has improved over the years.

Do I have to go to court if I got a traffic ticket?

In traffic ticket defense a common question is whether the Defendant has to appear or show up in court.  There is no requirement that an accused be present. However, whether someone should go to court depends on the case itself.  In speeding tickets, the answer is almost always no, there is no need to attend.   Even if the officer checked the box "Infraction Court Appearance Required", then the hearing itself is mandatory but the appearance by the client is still optional if they hire a traffic lawyer.

Options after receiving a traffic ticket

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.

Passenger in a vehicle can be seized

Recently the 5th District Court of Appeal held that a passenger of a vehicle is lawfully seized and not free to leave a traffic stop. Therefore, if evidence of a crime is found, it can be used against the passenger.  A large amount of drug possession cases and other criminal cases start with a traffic stop and subsequent search of passengers.

Bradford County Traffic Tickets - Traffic Defense in Starke, Lawtey & Hampton

Bradford County is located between Gainesville in Alachua County and Jacksonville in Duval County, Florida. Several agencies issue traffic tickets within Bradford County. The main police agencies are those of Starke and Lawtey. The towns of Brooker and Hampton do not have their own police force and the towns traffic laws are enforced by the Bradford County Sheriff's Office.  The Florida Highway Patrol (FHP) also issues citatations on the roads of Bradford County. Starke is the county seat of Bradford County.  All traffic hearings take place in Starke.

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