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

Failure to stop for school bus, a traffic infraction in Florida

In Florida, a traffic ticket for failing to come to a stop for a school is a civil traffic infraction and not a criminal charge. The traffic law states that any driver "shall, upon approaching any school bus which displays a stop signal, bring such vehicle to a full stop while the bus is stopped, and the vehicle shall not pass the school bus until the signal has been withdrawn." Failing to stop for a school bus is always a moving violation. Then it gets more confusing.

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.

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.

Roadblocks or Roadside Safety Checkpoints

Roadblocks or "Roadside Safety Checkpoints" as they are referred to by law enforcement are legal only if the police follow the rules. Yes, the Constitution does still apply as do the laws of the State of Florida, even though it certainly does not feel like it or a particular law enforcement officer's god complex has raised its ugly head. In order to be legal, they have to have followed several steps including publishing an operational plan, communicating the plan and then actually complying with the operational plan.

Columbia County Traffic Tickets

The firm represents individuals who have received traffic tickets or criminal accusations in Columbia County, Florida, located in North Florida. Several people receiving citations in Columbia County are from out of state.  This is because Interstate 75 and Interstate 10, both heavily traveled by tourists and visitors to Florida, intersect just north of Lake City in Columbia County. The Florida Highway Patrol or FHP monitors traffic along both I-75 and I-10 corridors.

Waldo, Florida Traffic Ticket Quotas

The top was blown off an illegal traffic ticket quota requirement at the city of Waldo, Florida just days after I issued a blog about traffic ticket quotas. According to a presentation by several officers to the city council, Waldo, long designated a speed trap, did in fact maintain an illegal traffic ticket quota. While this traffic citation quota allegation remains under investigation, two officers have been suspended. Obviously, those officers failed to appear in court this morning.

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

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.

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