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FL Traffic Ticket Defense |
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 Topic: Info
The new items published under this topic are as follows.
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Broward State Attorney's New Policy Will Result in Greater Number of DWLS Habitual Offenders |
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Posted by: dpakula on Thursday, February 23, 2006 - 07:04 PM |
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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?
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Ticket Errors: Law Enforcement Officers Just Can't Seem to Follow the Rules |
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Posted by: dpakula on Sunday, September 11, 2005 - 08:29 AM |
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Our firm boasts an approximate 50 percent dismissal rate for our ticket clients. How do we do this? The most common reason for dismissal is law enforcement error when writing the ticket. Although law enforcement officers are trained in this area, it seems that they keep making the same mistakes over and over. Don't get me wrong -- I'm not complaining! But it seems ironic that law enforcement officers, who are responsible for ensuring motorists' compliance with traffic rules, have their own troubles complying with the ticket writing rules. Read on and I'll explain how law enforcement officers break the rules every day -- and get paid for doing it!
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Driving with a Suspended License, Part III: To Be or Not to Be a Habitual Offender |
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Posted by: dpakula on Sunday, July 31, 2005 - 08:02 PM |
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The law regarding habitual offender status for driving with a suspended license can be confusing. Most of us have heard the expression "three strikes and you're out" as applied to this area of law. In other words, three driving with suspended license convictions will lead to a five-year revocation of driving privileges. But it's not that simple. Seemingly minor distinctions can make a big difference. Technical distinctions between a "with knowledge" versus a "without knowledge" offense, or between an "adjudication" versus an "adjudication withheld" are significant. What's up with all of that? In this article, I will try to explain how it works.
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A Brief History of Traffic Ticket Defense in Florida |
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Posted by: dpakula on Monday, June 20, 2005 - 08:45 PM |
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I am not a historian. But allow me to share with you what I know about the interesting history of traffic ticket defense in Florida. Until about ten or fifteen years ago, there was no such thing as a lawyer specializing in traffic ticket defense in Florida. There were criminal defense attorneys who handled traffic tickets, and their fees were rather pricey compared to the fees currently being charged in today's competitive environment. The first few attorneys who specialized in traffic ticket defense discovered that there was a niche market for defending traffic tickets. These lawyers did quite well financially. When other attorneys discovered the success of the early pioneers, the competition and the bidding wars began.
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Driving with a Suspended License, Part II: : "Un-habitualizing" the Habitual Offender |
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Posted by: dpakula on Thursday, May 12, 2005 - 08:44 PM |
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So you've been habitualized. The State of Florida has declared you to be a habitual offender after your third conviction for driving with a suspended license. Three strikes, you're out. Is there hope, or are you doomed to a five year revocation of your driving privileges? Is applying for a hardship license after one year your only option? You may be surprised to learn that in many cases there is actually a way to "un-habitualize" and regain your driving privileges.
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The Traffic Stop: What to Do and Not Do When You Are Pulled Over |
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Posted by: dpakula on Sunday, April 17, 2005 - 07:37 AM |
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During my experience as a Broward Traffic Magistrate, I witnessed the end results of defendants' behavior during traffic stops. Law enforcement officers are above all else human beings, and they have a wide range of reactions to their encounters with motorists. While it is difficult to make generalizations, I found that defendants who were courteous and polite during traffic stops generally fared better in court than those who were not able to avoid the temptation of venting their anger, frustration or disagreement with the law enforcement officer.
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Driving with a Suspended License, Part I: Three Things You Need to Know to Avoid Becoming a Habitual Offender Under Florida's "Three Strikes" Law |
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Posted by: dpakula on Thursday, February 24, 2005 - 04:30 PM |
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Under Florida law, if you have three convictions for driving with a suspended (or revoked) license within a five-year period, you are considered a "habitual offender" and your driving privileges will be revoked for five years. (You may be able to apply for a hardship license after one year). This is sometimes referred to as Florida's "three strikes" law. Amusing baseball analogies aside, the habitual offender law is no laughing matter for anyone who has received even a single traffic citation for driving with a suspended license. If you are the unlucky recipient of such a ticket, there are three things you need to know to avoid striking out.
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