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Posts tagged "ocala lawyer"

DUI Actual Physical Control Not Just Being the Intoxicated Owner

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 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.

Risk Protection Orders - Florida's Red Flag / Gun Violence Restraining Order/Injunction Law

Whatever the name, there is now a movement sweeping the country to create a procedure to confiscate firearms of suspected at risk individuals before they perpetuate gun violence. Some people refer to these as Red Flag Laws or Gun Violence Restraining Orders/Injunctions.

Florida's Equitable Distribution in Divorce - dividing property

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.

Marijuana - Close does not count in criminal law

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.

The Right to Travel Defense in Criminal & Traffic cases

In criminal defense and traffic defense much is made about the initial seizure or traffic stop. This is because if you fight the traffic stop and win, evidence is excluded which can lead to the entire case being dismissed. In regards to fighting a traffic stop, some people argue that there is a fundamental right to travel which is a defense to whatever violation of the traffic law that led to the seizure or the accusation itself. Essentially, the argument is that the fundamental constitutional right to travel invalidates whatever statute, law, rule or regulation the government is attempting to enforce or even the court's jurisdiction. In court, unrepresented defendants can be heard to argue things such as:

GET OUT! Asked to exit vehicle after a traffic stop

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.

Florida Criminal Marijuana after Constitutional Amendment

Recently, Floridians voted over 71 percent in favor of medical marijuana for patients with certain conditions. However, legalizing medical marijuana in Florida does not change the penalties for the illegal use. Sale, cultivation and distribution are still crimes if not done pursuant to the new medical marijuana constitutional amendment. Very few companies are authorized to grow and dispense medical marijuana.

Criminal & Traffic - Mistakes on Citations or Reports

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.

Give me a break: Traffic Tickets that are reduced, changed or lowered roadside

Some traffic ticket clients mention that the officer "gave me a discount" or reduced the fine" at the stop. Otherwise we will hear "the ticket was supposed to be $$ and he cited me $$". This can cause confusion and the trooper, deputy or officer will not likely clear it up.

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