What happens to a traffic ticket if the officer did not serve the individual at the road? This is a common question in the traffic ticket defense practice. When an officer does not serve the driver with the infraction on or at the roadside, typically that means that the infraction involves a crash. An accused driver being transported to the hospital may delay the actual receipt of notice by hours or weeks. Most traffic crashes resulting in fatalities are not served at the scene but, many months later. Blood drawn at a crash means an investigation into DUI and a lawyer should be consulted immediately.
What happens upon receipt of a Criminal Summons in Florida? In some jurisdictions, the use of a Criminal Summons was part of criminal justice even prior to COVID. Some people are surprised to receive a Summons, while others are made aware of a criminal investigation and may be expecting it or relieved to receive a Summons instead of being arrested.
Much has changed in the practice of Florida criminal defense during COVID. With varying orders being issued by the Florida Supreme Court, the Chief Judges of the Circuits, County and local municipalities, we are all dealing with the semi-shutdown as best we can. It seems that new orders, tweaking the last set, are made about every other week.
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.
Part of the traffic ticket practice is clearing suspensions in the best possible way. Common reasons for suspensions are for failing to address the citation within thirty (30) days, failing to pay, failing to complete traffic school, failing to appear in Court in a criminal case, warrants, child support etc. Of course there are many other reasons a driver's license can be suspended and each case is unique.
For some it is getting the letter or notice of Habitual Traffic Offender ("HTO") in the mail. For others it is getting arrested after being pulled over for no reason or even if there was a traffic citation, surprise! The license is being, or has been, suspended for five (5) years. The driver has been habitualized! After Notice from the DHSMV, we can determine the next step to attempt to reinstate the license. An analysis of the driver record may be required.