Articles Posted in Traffic Tickets

As a San Marco Habitual Traffic Offender Defense Lawyer, I have seen many cases regarding Habitual Traffic Offenders (HTO). Although every case has its specific characteristics and details, the end result is always the same; the individual is facing a 5-year suspension of their Florida license. This will not only have a negative impact on an individual’s job, but also their social life, travel plans, and ability to acquire basic living necessities. This hindrance will only be compounded with Jacksonville’s less than adequate public transportation system. Therefore, as a San Marco Habitual Traffic Offender what can I do? You can contact a San Marco HTO Defense Lawyer to fight for your rights and potentially keep you with a valid Florida Driver’s License. Let me explain HTO.

First, Florida Statute § 322.264 directly addresses this issue. According to the statute, a Habitual Traffic Offender is any person whose record, as maintained by the DMV, shows that such person has accumulated the specific number of convictions for offenses described in (1) or (2) within a 5-year period:

1. 3 or more convictions of any one or more of the following arising out of separate acts: [a]Voluntary/involuntary manslaughter with a vehicle; [b]Any violation of § 316.193 (DUI);[c]Any felony using a vehicle; [d]Driving with suspended or revoked license; [e]Failing to stop or render aid as required by law; [f]Driving a commercial vehicle with privilege revoked; OR

As a Florida Traffic Citation Attorney, I am no stranger to Traffic Court. All too often Florida Drivers just pay the fine and never think about the ticket again. However, that is not the best way to dispose of your Florida Traffic Citation. Did you know when you simply pay the Florida Traffic Ticket you are adjudicated guilty? This could have serious negative impact upon your Florida driver’s license and your insurance. An adjudication of guilt for a Florida Traffic Ticket could result in increased insurance premiums and the loss of your driving privileges.

As a result, I advise my clients not to simply pay the fine, but to hire a Florida Traffic Citation Attorney to represent them and to prevent points being incurred upon their license and insurance.

As a Florida Traffic Citation Attorney, I have represented Clients in the following Counties:

As a Jacksonville Criminal Defense Lawyer I am faced on a daily basis with clients calling regarding a recent Jacksonville Traffic Citation and the points that could be received on their license. The amount of points that are placed on a Florida Driver’s License for speeding tickets and other traffic citations can vary. The points will range anywhere from 3 to 6 points. The scale is set forth in Florida Statute Section 322.27(d) for Florida moving violations. This Florida Traffic Law is quoted below.

“(d) The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations:

1. Reckless driving, willful and wanton–4 points.

As an Orange Park Habitual Traffic Offender (HTO) Defense Lawyer, I have many calls regarding HTO. Although every case has its individual characteristics, the end result is always the same; the individual is facing a 5-year suspension of their license. This will not only have a negative impact on an individual’s job, but also their social life, travel plans, and ability to acquire basic living necessities. Fortunately, there is something an Orange Park driver can do about this. They can contact an Orange Park HTO Defense Lawyer to represent them. As I work my way through these cases, the same questions appear time after time; what is HTO and What can I do? Well taken in turn, I will briefly explain both in hopes of granting you a better understanding of your current position.

An Orange Park Habitual Traffic Offender is defined under Florida Statute § 322.264. According to the statute, a Habitual Traffic Offender is any person whose record, as maintained by the DMV, shows that such person has accumulated the specific number of convictions for offenses described in (1) or (2) within a 5-year period:

(1) 3 or more convictions of any one or more of the following arising out of separate acts:

In Jacksonville and across Florida life comes at you fast and sometimes you follow. However, this could lead to a Jacksonville Speeding Ticket. Jacksonville Sheriff’s Office (JSO) is cracking down on aggressive and speeding drivers this month. Therefore, with the increase in Police presence on our motorways, more Traffic Tickets are to follow. But, what happens after I get a Jacksonville Speeding Ticket?

In most Traffic Tickets you are given three (3) options. First, you may elect to just pay the ticket. Second, you may elect to complete a traffic school in order to reduce the penalty and potentially your insurance. Finally, you have the option of setting a court date and appearing before the Duval County Traffic Court, thereby arguing your case before a judge. However, some Jacksonville Traffic Tickets do not allow these options and you must set a court date to appear before a judge. These types of tickets are Criminal Traffic Tickets, the most common being driving with knowledge of revoked or suspended license.

The next aspect to consider is the points that will be added to your license at the conviction of each Traffic Citation. According to the Florida Department of Highway Safety and Motor Vehicles the amount of point that will be placed on your license will be determined by the speed you were traveling over the speed limit. Furthermore, if you are ticketed for traveling 15 MPH or more over the speed limit you will most likely face 4 points on your license. If your ticket is less than 15 MPH over the speed limit you are likely to face 3 points on your license. The points placed on your license will depend upon what was noted on the ticket, not your actual speed. So, if the Officer reduces the amount to only 13 over as a “favor” you are still going to have 3 points placed on your license.

Jacksonville is known for its large population and spread out city. The city of Jacksonville covers an area stemming from the downtown, over the intercoastal, and ends at the beaches. That is a lot of surface area and even more roads and motorways. Also, Jacksonville has a desire to always have road construction on all major motorways. These are all factors and more play into the large amount of car accidents and speeding tickets Jacksonville residents incur every year. Well, what some may not know is when a emergency vehicle is stopped on the side of the road, you are required to either change lanes or reduce speed to 20 mph below the posted speed limit.

This law is called the Florida “Move Over” law and has been enforced going on 10 years. Unfortunately, many drivers ignore this law and that has caused almost 200 officers to loose their lives when responding to an emergency situation. Furthermore, there were numerous other incidents resulting in injuries or property damage. Therefore, February, Law enforcement officers in Florida, Alabama, and Georgia will be cracking down on violators of the “Move Over” law. This law is not exclusive to Florida, but has been adopted in most states; excluding Hawaii and Washington D.C.

This month expect an increase in ticketing in Jacksonville and across the state. But, just because you receive a ticket does not automatically mean you are guilty. Maybe, you didn’t see the officer in time to slow down or changing lanes was not available. These are just considerations a Jacksonville Criminal Defense Lawyer will consider after you have received a ticket. These tickets could impose fines, points on your license, and/ or an increase in insurance. If you have received a ticket in Florida and want to discuss you matter with a Jacksonville Criminal Defense Lawyer, contact us today!

As a Jacksonville Criminal Defense Attorney, I have seen many cases regarding Habitual Traffic Offenders (HTO). Although every case has its individual characteristics, the end result is always the same; the individual is facing a 5-year suspension of their license. This will not only have a negative impact on an individual’s job, but also their social life, travel plans, and ability to acquire basic living necessities. This hindrance will only be compounded with Jacksonville’s less than adequate public transportation system. So, the State has labeled me as a HTO, What can I do about it?

Florida Statute § 322.264 directly addresses this issue. According to the statute, a Habitual Traffic Offender is any person whose record, as maintained by the DMV, shows that such person has accumulated the specific number of convictions for offenses described in (1) or (2) within a 5-year period:

1. 3 or more convictions of any one or more of the following arising out of separate acts: [a]Voluntary/involuntary manslaughter with a vehicle; [b]Any violation of § 316.193 (DUI);[c]Any felony using a vehicle; [d]Driving with suspended or revoked license; [e]Failing to stop or render aid as required by law; [f]Driving a commercial vehicle with privilege revoked; OR