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FL Traffic Ticket Defense

New Pretrial Diversion Program for DWLS Offenders Instituted in Broward County
Posted by: dpakula on Monday, February 05, 2007 - 07:18 PM
News About a year ago, I reported that the Broward State Attorney began a new policy that made it more difficult for those charged with a third DWLS to avoid habitualization. In the article, which can be accessed below on this web page, I predicted that the State Attorney's new policy would eventually collapse due to pressure from Broward County judges who were not too pleased with the prospect of creating additional habitual traffic offenders. Sometimes my predictions come true and sometimes they do not. In this case, I was right on target. On January 26, 2007, Chief Judge Dale Ross signed a new administrative order that creates a new pretrial diversion program for DWLS offenders. Its effect will be to save many defendants from a five-year HTO revocation of their drivers licenses.

Although this may be pure speculation, my guess is that the new pretrial diversion program was created by the Broward State Attorney under pressure from the judiciary. It took a year, but finally a solution to the HTO problem has arrived. Whatever its underlying motivation may have been, the effect of the new program will be to save many defendants who would otherwise have become HTOs as a result of the policy instituted by the State Attorney about one year ago.

The pretrial diversion program has many terms and conditions, and it is not available to everyone. Among the terms and conditions: the program is only available for those defendants whose underlying suspension was for certain reasons, such as failure to appear, failure to pay a fine or failure to maintain required auto insurance; it is not available to anyone who has previously been or presently is an HTO or a felony traffic offender; it is not available if the offense involved a traffic crash where the defendant was found to be at fault by law enforcement; it can only be used one time; there are time limits on electing the program; the State Attorney must recommend the defendant for the program.

Within the program's 90-day diversion phase, the participant must clear his or her license suspensions, maintain valid required auto insurance, complete traffic school if required, maintain employment, and avoid being charged with any traffic offenses.

Upon completion of the program, the participant must resolve the DWLS charge by pleading guilty to the changed misdemeanor criminal charge of No Valid Driver's License. The negotiated sentence for this changed charge will be an adjudication of guilty, six months of non-reporting administrative probation (with no early termination). Special conditions of the probation will be maintaining a valid Florida drivers license, not committing any criminal offenses or civil traffic infractions that are moving violations, and maintaining required auto insurance.

While the program has its faults, and it is not intended for every potential HTO defendant, it is a step in the right direction. I would also note that some defendants, although eligible for the program, may obtain a better result by fighting the charge. Please see my recent article titled, "Driving With a Suspended License Part V: When the State Cannot Prove the Defendant's Knowledge of a Suspension."

Please contact my office if you have questions about whether you may be eligible and a good candidate for the new pretrial diversion program.
 
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FL Traffic Ticket Defense

 


Florida Traffic Ticket Defense

Florida Traffic Ticket Defense :: Attorney, Lawyer :: Defending Florida traffic tickets in Broward, Dade and Palm Beach County.

David B. Pakula, P.A.
Attorney At Law

1806 N. Flamingo Road, Suite 410
Pembroke Pines, Florida 33028
(954) 217-5123
dpakula@infionline.net
http://floridatrafficticketdefense.com

Lawyer Serving Fort Lauderdale, Weston, Aventura, Pembroke Pines, Plantation, Hollywood, Hallandale, Aventura, Miami, Boca Raton, Delray Beach, Boynton Beach, Palm Beach, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1987.

Mr. Pakula served as a Broward County Traffic Court Magistrate from 2002 to 2004. He is board certified by The Florida Bar in appellate practice and has handled trial and appellate litigation in state and federal courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell. Mr. Pakula is a member of the U.S. District Courts for the Southern and Northern Districts of Florida, the U.S. Courts of Appeals for the 7th Circuit, the 11th Circuit and the D.C. Circuit, and The United States Supreme Court.

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