Traffic Tickets

November 19, 2011

Setting a Court Date for Traffic Tickets in Jacksonville, Florida

Normally, if you receive a ticket in Jacksonville, Florida, you are given options. You may pay the Jacksonville traffic ticket. You may elect to take the traffic school. You may set a court date and appear in Duval County traffic court. However, in some cases, normally Criminal Traffic Citation, you are not given a choice. You must appear before the judge to plea your case. In addition, Jacksonville traffic citations orders you to set a court date within a certain time period (usually 30 days following the date of citation). If you have received a ticket that orders this, it is likely that you have received a criminal traffic citation. This is not a basic ticket. It will be part of your Florida criminal record.

Therefore, you need to take this infraction seriously. You do not want to enter a plea of no contest or guilty to the ticket without first speaking with a Jacksonville Criminal Traffic Lawyer. If you have been issued a criminal traffic ticket, contact Jacksonville Criminal Defense Lawyer today. You need to understand your rights, defenses, and options available under Florida Law.

October 10, 2011

What Happens if I am Pulled Over and My Florida Driver’s License is Suspended?

by David M. Goldman

If your Florida driver’s license is suspended and you are stopped by a police officer, you will either be issued a traffic citation or arrested. If you are driving with a suspended or revoked driver’s license and you are unaware of the revocation or suspension, you will be cited for unknowingly driving with a suspended or revoked license in Florida. This is a civil traffic infraction. If you were aware that your Florida driver’s license was suspended or revoked, you will be charged with a Florida Criminal Traffic Infraction. Usually, this is a misdemeanor charge. However, if you acquire three driving with a license suspended or revoked charges within a five year period, you will be labeled a Florida Habitual Traffic Offender. If you are stopped as a Florida Habitual Traffic Offender, you will be facing a felony arrest.

If you are issued a citation for civil or criminal driving on a suspended license, do not pay the ticket before talking to a Jacksonville Drivers License Lawyer. Because of the future ramifications that this could cause, it may be better for you to set a court date. If you pay the ticket, you will be adjudicated guilty of Florida driving with a license suspended or revoked.

September 23, 2011

Driving on a Jacksonville Suspended License Leads to Fleeing and Attempting to Elude

by David M. Goldman

Quite often, a minor crime will lead to a major crime. For instance, I have seen Jacksonville Criminal Defendants that have had their drivers licenses suspended habitual traffic offenders. Like most people, Jacksonville habitual traffic offenders have jobs and families that they need to support. Therefore, they end up driving without a driver’s license in Jacksonville, Florida. As Jacksonville Habitual Traffic Offenders, if these drivers are caught, they will be arrested for a felony (See Jacksonville Florida Driver’s License Suspended for Five Years as a Habitual Traffic Offender ). In a few Jacksonville Habitual Traffic Offender cases, I have seen these drivers fleeing police officers that are trying to stop their vehicles due to the fear of arrest. When they are caught, they are arrested for Jacksonville fleeing and attempting to elude a law enforcement officer. Now, they are facing additional felony charges.

This scenario could have been prevented. When I am reviewing a habitual traffic offender’s driving record, I often see that there are things that the Jacksonville habitual traffic offender can do in order to try to obtain a valid driver’s license. However, once a driver gets to the point that he or she has been arrested for Jacksonville Fleeing and Attempting to Elude, it may be too late.

That is why it is so important to correct the driving record at the early stages and get a valid Florida driver’s license. If you need help with your Florida Drivers License, contact a Jacksonville Criminal Defense Lawyer to review your Driving Record and determine what they can do for you.

August 25, 2011

Defense to Refusal for Jacksonville Police Officer’s DUI Blood Draw Refusal

by David M. Goldman

I read the story about the Jacksonville Police Officer that refused to give a blood sample for the purpose of determining whether or not he was driving under the influence to the extent that he was impaired (Jacksonville.com) (See Jacksonville Police Officer Refuses DUI Blood Test for St. Johns County Traffic Case). He was in uniform and driving a police car. A Florida Trooper stated that he smelled an odor of an alcohol beverage on his breath and beer was found spilled in his patrol car. However, no alcoholic containers were found in the car.

I am not surprised by the amount of people that found him guilty of Driving Under the Influence in the court of public opinion based upon the fact that he refused a blood test. People often believe that a refusal is consciousness of guilt, but there are other reasons to why this Jacksonville Police Officer may have refused to give a blood sample.

In Florida, it is not illegal to drink and drive. It is illegal to drink to the point that your normal faculties are impaired and then drive. In Officer Michael Rolison’s case, if he had half a beer, his normal faculties would not be impaired. Thus, he would not be driving under the influence. He would also be below Florida’s legal limit of 0.08 blood alcohol level. However, he would be reprimanded and maybe fired from his position with the Jacksonville Sheriff’s Office. Therefore, he did not refuse the blood draw because he was guilty of Driving Under the Influence (DUI) in St. Johns County, Florida. It is logical to believe that he refused the test due to the fear of losing his job if even trace amounts of alcohol were found in his blood.

August 24, 2011

Jacksonville Police Officer Refuses DUI Blood Test for St. Johns County Traffic Case

by David M. Goldman

Jacksonville Police Officer, Michael E. Rolison, declined to take a blood test after being involved in a car accident. Officer Rolison of the Jacksonville Sheriff’s Office was driving home in his patrol car “when he was involved in the wreck on Greenbriar Road in St. Johns County, according to the Florida Highway Patrol.” According to the Florida Times Union (Jacksonville.com), the Florida Highway Patrol found that he “was at fault when his westbound car crossed into the eastbound lane of Greenbriar and struck the front of a vehicle driven by Joshua Carter, 18, of St. Johns.”

Both drivers were taken to the hospital for minor injuries. A Florida trooper asked Rolison for a blood sample, because he smelled alcohol on Rolison’s breath. Rolison would not give a blood sample for blood alcohol content testing. Although Rolison did not give a blood sample, he may still face Driving Under the Influence (DUI) charges in St. Johns County, Florida. Therefore, it is important that he contact a St. Johns County Driving Under the Influence Attorney immediately. There are defenses to this charge (See Defense to Refusal for Jacksonville Police Officer’s DUI Blood Draw Refusal).

August 21, 2011

Jacksonville Florida Driver’s License Suspended for Five Years as a Habitual Traffic Offender

by David M. Goldman

In Jacksonville, Florida, a habitual traffic offender (HTO) is a driver whose Florida driver’s license has been suspended for 5 years. The Florida driver’s license five (5) year suspension occurred, because of violations listed in Florida Statute Section 322.264. Many people receive notice of the Jacksonville Florida Driver’s License Suspension and have a feeling of despair believing that there is nothing they can do to remedy the situation. However, this is not true. There are ways to obtain a valid Florida Driver’s License.

As a Jacksonville Habitual Traffic Offender Attorney, I have learned that timing is very important when trying to undo a 5 year Florida Driver’s license suspension. The longer a habitual traffic offender waits to correct his or her license, the less likely he or she will be able to obtain a valid license. This is because even with a suspended driver’s license, drivers will continue to drive when necessary. For instance, if a father has to drive to work in order to feed his family, he will likely do it even if his license is suspended. However, if he gets caught, he is looking at a Jacksonville Habitual Offender Felony Charge and a possible prison sentence. The more Jacksonville Driving on a Suspended License (DWLSR) charges and citations drivers accumulate, the less likely it is that they will be able to ever obtain a valid license. Therefore, it is important to act fast.

If you need help with your Jacksonville Driver’s License or have been charged with Driving with a License Suspended or Revoked (DWLSR) contact aJacksonville Criminal Defense Lawyer to discuss your case and determine what steps can be taken in order to try and reinstate your license.

August 20, 2011

Florida Suspended Driver’s License for 5 Years as a Habitual Traffic Offender Under Section 322.264

by David M. Goldman

The Florida law that governs Jacksonville five-year driver’s license suspension for habitual traffic offenders is Florida Statute Section 322.264. This Florida driver’s license law defines “habitual traffic offender” as:

“any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:

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

August 4, 2011

If I Get a Speeding Ticket or Traffic Citation in Another State, Will Florida Assess Points to My License?

by David M. Goldman

If you receive a speeding ticket or any traffic citation in another state, Florida may assess points against your Florida license. According to Florida Statute Section 322.27(e), a conviction in another state of a traffic violation that would violate the laws of Florida if committed in Florida may be recorded against a driver. The driver will receive the same number of points on his Florida driver’s license that would have resulted in he were adjudicated guilty of the driving offense in Florida. This could result in a Florida Driver’s License suspension.

For example, if a licensed Florida Driver receives a ticket in Texas for speeding (over 15 mph), he or she will receive 4 points on his or her driver’s license (see the Florida Points Scale). If this happens, the Florida Driver’s License may be suspended if the driver has other tickets. A Jacksonville Traffic Lawyer cannot handle a ticket in Texas. However, a Jacksonville Traffic Lawyer may be able to reopen an old moving violation in Florida and have the points set aside. If this occurs, the Jacksonville driver will be able to avoid the license suspension if the points are under the threshold amount (See Section 322.27(a)-(c) for points and suspensions).

August 3, 2011

How Many Points Will I Get on My Florida Driver’s License for Speeding Tickets

by David M. Goldman

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.

August 2, 2011

How Do I Get My Driver’s License Back in Florida?

by David M. Goldman

I often hear the question: “How do I get my driver’s license back in Florida?” Many Florida drivers have had their Florida driver’s licenses suspended due to excessive points. If you receive a Florida traffic ticket that is a moving violation, points will be assessed to your license pursuant to Florida Statute Section 322.27(3)(d). If you get a certain amount of points within a specified time period, your Florida driver’s license will be suspended for a certain time limit as set forth in Section 322.27(3)(a)-(c), Florida Statutes.

“(a) When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days.

(b) When a licensee accumulates 18 points, including points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspension shall be for a period of not more than 3 months.