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Posts tagged "abogado Ocala"

Arrested for DUI, 10 days for what?

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.

Criminal cases and Surrender - Turning your self in

In a criminal case, surrender or turning yourself in is the best policy and really the only way to resolve an open warrant or arrest order, sometimes also called a capias . Some may argue with that statement but really every other option is merely turning your self in or surrendering in a different form.

Hit and Run - Leaving the Scene of an Accident

In Florida, the criminal offense of Hit and Run is called Leaving the Scene of an Accident. The severity of this crime sometimes referred to as LSA, as do so many other criminal traffic charges, depends upon the nature and the extent of the damage.

The Move Over Law Traffic Tickets

The Florida Move Over Law requires that a driver move over or slow down 20 miles per hour under the speed limit when approaching an authorized emergency vehicle  that is using any visual signals and is parked on the side of the road, or a wrecker displaying amber or flashing lights that is performing a recovery or loading on the roadside, or sanitation vehcile peforming its function.

Leaving the Scene of an Accident - Did you know or should you know?

The law on Leaving the Scene of an Accident (LSA),  aka Hit and Run, with injury or death had been interpreted to require that the accused knew or should have known that an injury occurred. There is a knowledge requirement to LSA with injury or death because they are a criminal traffic offenses that are felonies.  LSA with property damage is a misdemeanor. The requirement of knew or should have known has been applied to the injury element of the offense even if there is a death. However, the Florida Supreme Court had said in the opinion that led to the standard jury instructions that "knowledge of the accident is an essential element of the offense". State v. Mancuso, 652 So. 2d 370 (Fla. 1995). In addition, the court wrote that "one cannot 'willfully' leave an accident without awareness that an accident has occurred". Id.

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.

Abuse or Exploitation of an elderly person, a violation of section 825.102(1).

In Florida, Chapter 825 addresses the criminal offense of Abuse or Exploitation of the Elderly. "Elderly person" is defined by law to mean "a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person's own care or protection is impaired."

Dunnellon, Florida Red Light Camera Citations

I finally got to litigate the Dunnellon red Light Camera; after what feels like an eternity of fielding calls a resident finally issued a challenge to the government. The Dunnellon red light camera case was dismissed. Fighting the red light camera ticket was worth it because the government is lacking a very necessary step. I am not going to say what they are missing. If the Dunnellon officer in court was paying attention, they know why the case was dismissed. I urge all of you issued a citation from a red light camera in Dunnellon, Florida to fight back.

Why hire a traffic lawyer instead of making a traffic school election?

Why hire a traffic ticket defense attorney when I can just choose school to have points removed? One reason is that you only have five (5) times in your life to elect traffic school. If this is your first ever citation, then why burn an election? Save it. If you received two or more citations, then most of the time the only way to have points removed entirely is to take your cases to court.

Can an injunction be vacated, dismissed, dissolved, modified or removed once it is in place?

You can vacate, dismiss, dissolve, modify or change an order of protection against domestic violence, injunction or restraining order, sometimes also called a stay-away order. Once a domestic violence injunction is in place, the only way to remove it is through the court. Often people seek out a domestic violence divorce or family lawyer after it is too late and the court has already entered an injunction. If circumstances have changed, you can ask the court to change the order of protection against domestic violence.  To get relief from the injunction, a party must show that the scenario underlying the injunction no longer exists so that the continuation of the injunction would serve no valid purpose.

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