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.
In a DUI arrest, when a breath test is not available or feasible, or if the circumstances allow, law enforcement may seek a sample of the accused driver's blood to determine a blood alcohol concentration or content (BAC). The question of whether and how the police may take the accused DUI driver's blood has been considered by the United States Supreme Court in the last few years.
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.
In Florida, a person accused of DUI has faced mandatory adjudication, also known as conviction, for many decades. In cases where the Court is not restricted, it can also withhold adjudication which means that technically a person is not convicted. The difference can have far reaching consequences. For example, a DUI cannot be expunged because of the conviction and convictions stay on a driving history for up to seventy-five (75) years. Convictions also require higher surcharges and court costs.
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 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.
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.
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.
Arrested for DUI? Before going to court, a driver's license will be suspended 10 days after the DUI arrest if the person refused to give a breath sample or sumbmitted to the test and blew over a .08. As to the license to drive, there are three options (1) request a hearing to reverse the suspension called a Formal Review Hearing, (2) request hearing for an immediate hardship license or (3) do nothing. The choice to do nothing is a choice to accept a driver license suspension. The deadline to file an election for a hearing at the Department of Highway Safety and Motor Vehicles (DHSMV) is also the same 10 day period before the suspension is imposed. The DUI citation is a driving permit for those same 10 days.
There is no such thing as a traffic ticket for a moving violation being issued as "no points, no school". Unfortunately, cops on the road seem to be telling people that they can get no points by paying a citation. That is not true. (They give other misadvice too, see my blog on Bradford County Traffic Tickets). Paying a citation without talking to a lawyer first is the worst thing that you can do. This is because it is a plea of guilty, an admission to the offense, points will be assessed to your license, your insurance may increase and your guilty plea could be used against you later even if your guilty plea cannot be entered into evidence in another court proceeding. Entering a guilty plea by paying an infraction can be disastrous if you are accused of driving on a suspended license.