Florida Traffic Ticket Defense :: Broward State Attorney's New Policy Will Result in Greater Number of DWLS Habitual Offenders


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FL Traffic Ticket Defense

Broward State Attorney's New Policy Will Result in Greater Number of DWLS Habitual Offenders
Posted by: dpakula on Thursday, February 23, 2006 - 07:04 PM
	At the beginning of 2006, the Broward State Attorney's Office implemented a change in its policy regarding persons charged with driving with a suspended license (DWLS) who are on the verge of being habitualized. Under the "three strikes" law, upon a third conviction for driving with a suspended license a motorist generally becomes a habitual offender and incurs a five-year drivers license revocation. Prior to 2006, the Broward State Attorney's policy was to reduce the charge to "no valid driver's license" for a person facing habitual offender status. The sound theory underlying the old policy was that people in South Florida will drive with or without a license, since for most people it is the only way to get to work. So why criminalize more motorists by forcing them to commit the illegal act of driving with a revoked license just to earn a living? Changes in personnel in the Broward State Attorney's office brought on the changed policy. Under the new regime, persons charged with DWLS who have two prior convictions face fewer and more difficult options. They can fight the charge, going to trial if necessary. However, this is a hit or miss proposition. Some will be acquitted, others convicted. Another option is to seek to vacate a prior plea. Once again, this may be a viable option for some but not others. What is the future of this policy? In my opinion, it will not last for too long. Some judges have openly expressed disagreement with the policy for the obvious reason that many more otherwise law abiding citizens will be forced to violate the law in order to survive. I believe pressure from the judiciary may well force the State Attorney's Office to change its policy. In the meanwhile, from a defense lawyer's perspective, representing a person charged with DWLS has become more complicated. DWLS cases involving a potential third strike require special handling and representation.

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