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to a full stop while the bus is stopped, and the vehicle shall not pass the school bus until the signal has been withdrawn."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.
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.
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 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.
The criminal traffic offense of "Racing on Highways" is not limited to just what most people think of as a highway, street or road. Parking lots are specifically mentioned in Florida Statutes section 316.191, the racing statute and a violation of chapter 316 can be enforced on any road and even parking lots. Racing can be in any motor vehicle not just passenger cars and trucks.
Almost every week I hear from people who have just been informed that they have been habitualized in the worst way. Apparently, ordinary people (not defense lawyers) trust the government and just pay a fine on a traffic ticket, especially when that fine is overdue. A common complaint will go something like this: "I just paid a ticket to get my license back and now I am being told that I am a Habitual Traffic Offender and my license is gone for five (5) years." Almost always the ticket that was paid recently is for driving on a suspended license.
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.
The Florida Move Over Law requires that a driver move over or slow down to 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.
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.