After a DUI arrest in Florida, a person will be asked to submit a sample of their breath for analysis. Also referred to as taking the breath test. Upon refusing to provide a sample, the arresting officer is supposed to read a warning that the license will be suspended. Sometimes, people change their mind and provide a sample immediately. What if the officer says it is too late to blow and announces the arrestee has refused?
Recanting Refusal, Changing your Mind When arrested for DUI
What is a Traffic Crash in Florida?
In traffic law, the term "crash" does not mean what many people think. Seemingly many people believe that a "crash" means that there is some degree of damage to vehicles. Some have even argued that at crash should equate to a significant amount of damage. Does a crash require damage? What then is a traffic crash?
Speeding and other School Zone Citations
School zones are heavily monitored. Therefore, in traffic ticket defense, we see several 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.
Obscured Tag - Traffic Stops Leading to Criminal Cases
In the drug defense subset of criminal defense an amazing number of cases begin at a traffic stop. One example is issues with the license plate or tag, whether it is the infamous tag light, expired tag or an obscured tag. These stops are difficult to defend without a video showing the cops to be incorrect (or worse).
Tampering With Evidence - Hard to Swallow
Tampering with evidence is a criminal offense in Florida. Tampering with evidence is a third degree felony; the maximum penalty is five (5) years in prison and/or a $5,000 fine. To prove tampering, the State has to prove that a person while knowing that a criminal trial, proceeding or an investigation has begun or is about to be started, then alters, destroys, conceals or removes anything with the intent to impair its credibility, availability or use-ability in trial. Many times tampering is not what is shown by the entertainment industry like fabrication or threatening a witness; instead several tampering cases begin at the all important traffic stop and escalates when an officer thinks that evidence is tossed, thrown or eaten.
HTO No! (Florida Habitual Traffic Offender)
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.
No Points No School Tickets
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.
Vehicular Homicide, Reckless Driving - Criminal Traffic cases with one difference
To prove a criminal case of vehicular homicide in Florida, the State must prove reckless driving plus one additional fact, the death of a person. Vehicular homicide, simply stated reckless driving plus a death caused by the reckless driving.
Waldo Florida traffic ticket quota backlash
The city of Waldo, Florida issues a lot of traffic tickets. In fact, Waldo has been designated a speed trap. Waldo traffic ticket cases have attracted national attention recently due to the suspension of the police chief and his replacement. Just days after I blogged about how officers regularly deny the existence of traffic ticket quotas, news broke that the Waldo police chief and a corporal did in fact have and enforce a citation quota.
Traffic Ticket Quotas
When it comes to traffic tickets, several people claim to 'know' that officers have quotas on how many tickets they are supposed to write in any given month. If you ask any Florida local law enforcement officer, they will assure you that there are no quotas in their department. At least that is what they all tell me. The fear of traffic infraction quotas is that the officers are writing to meet quotas and not for the traffic violation itself.
