An element the State has to prove in a DUI is that the accused was either driving or in "actual physical control" of the vehicle. Actual physical control sounds simple enough but the question of what is actual physical control has generated some interesting case law. Of note is that if the accused was not driving or the car was not moving, then the State can still prosecute a person having actual physical control.
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.
In a proceeding for divorce, called dissolution of marriage in Florida, a substantial issue is the division of property owned by the spouses. First a divorce court will identify and separate each spouse's marital and nonmarital assets and liabilities. Identification of assets and liabilities as marital or nonmarital is therefore very important because, only marital assets and liabilities are subject to distribution in a dissolution action.
Although Florida added a constitutional amendment allowing medical marijuana, the possession of marijuana without a medical card is still a criminal offense. Possession of less than twenty (20) grams is a misdemeanor punishable by up to a year in jail and $1,000 fine. Simple possession of over twenty (20) grams is felony with up to five (5) years in prison and a $5,000 fine.
In criminal cases a common concern is that the officer requested the driver or other person to exit the vehicle. There is a line of thought that being removed from the vehicle requires a safety concern or other good reason. Some may question what issue(s) exist getting out of the car, others do not like the feeling of being seized, however in the context of criminal cases, exiting from a vehicle often discloses damaging evidence.
In Florida, a person can seal or expunge criminal records but only once in a lifetime and only if the charge(s) qualifies. Not all charges can be sealed or expunged. The Petition to Expunge or Seal must be filed in the county where the case originated. In Florida, expunging a case or sealing an arrest or case are different things.
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 near 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.
In the context of a Florida DUI, a Florida appellate court has interpreted Florida law as allowing a conviction to a New York charge of driving while alcohol impaired (DWAI), section 1192 (1), to be used to enhance a Florida DUI. In addition, a conviction to a New York DWAI can be used for purposes of suspending a Florida driver's license. Both Florida cases that stand for these propositions came from the 4th District Court of Appeal (DCA).
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.
As a traffic ticket lawyer in the Gainesville and Ocala area an article stating that red light cameras may be coming to Gainesville, Florida sooner rather than later peaked my interest this weekend. According to the article in the Gainesville sun our commissioners are voting this week on whether to install red light cameras at intersections here in Gainesville. These types of traffic citations for running a red light and being accused by a red light camera are problematic and can be fought. The citations for a traffic violation are mailed to the registered owner.