Jacksonville Criminal Defense Lawyer BlogA Florida Circuit Court in Palm County, Florida ruled that a Florida Speeding Ticket was not lawfully issued. In Levine v. Town of Juno Beach, Florida (FLWSUPP 1804LEVI, February 2, 2011), a Florida driver, Cary Levine, was issued a Florida speeding ticket based solely on a traffic camera. Levine’s vehicle was photographed by an unmanned van equipped with both radar and photo capabilities. She was issued a citation for exceeding the posted speed limit. The Town’s Code authorized the use of an unmanned van, camera, and radar device to issue speeding citations. Section 316, Florida Statutes, governs unlawful speed and speeding tickets. It dictates how unlawful speed is defined, the appropriate manner for documenting and recording an alleged violation, and judicial process involved. Florida Statute Section 316.1906(2)(b) requires a police officer to make “an independent visual determination that the vehicle is operating in excess of the applicable speed limit.” Since the speeding ticket was not in compliance with Section 316, the evidence of speeding was unadmissible in court.
Articles Posted in Traffic Tickets
Florida Traffic Law for Radar Speed Measuring
Florida Statute Section 316.1906 is the Florida Traffic Law that governs radar speed measuring. This Florida Traffic Law is determines whether or not evidence of a Jacksonville driver’s speed will be admissible in court. Section 316.1906 states:
“Evidence of the speed of a vehicle measured by any radar speed-measuring device shall be inadmissible in any proceeding with respect to an alleged violation of provisions of law regulating the lawful speed of vehicles, unless such evidence of speed is obtained by an officer who:
(a) Has satisfactorily completed the radar training course established by the Criminal Justice Standards and Training Commission pursuant to s. 943.17(1)(b).
Jacksonville Speeding Tickets
As a Jacksonville Traffic Lawyer, I am no stranger to speeding tickets. Jacksonville is full of speed traps. A Jacksonville Traffic Citation is issued pursuant to Section 316.87, Florida Statutes. This Florida Traffic Law permits the Florida Department of Transportation determine speed limits. Depending on the type of roadway or highway, the speed limit may not be greater than 60, 65, or 70 miles per hour (mph). Section 316.87(3) gives the authority to issue traffic citations based on speeding violations in Jacksonville, Florida. Section 316.1906, Florida Statutes, sets forth the rules for radar speed-measuring devices and the admissibly of evidence regarding these devices. Read 316.1906(2) for a list of criteria that this Florida Traffic Law requires.
Atlantic Beach Florida Bar Manager Dies Due to Alcohol-Related Car Accident, but not Driving Under the Influence
In Atlantic Beach, Florida, a local bar manager was hit by a van. Kathleen Bryson Lamb died two days later at Shands Jacksonville hospital. After the Jacksonville Sheriff’s Office conducted a traffic homicide investigation, they determined that the car accident was related to alcohol. As an Atlantic Beach DUI (Driving Under the Influence) Lawyer, I have represented many drivers charged with DUI in Jacksonville, Florida and the surrounding areas (Atlantic Beach, Neptune Beach, and Jacksonville Beach).
Therefore, whenever I hear about a car crash that is alcohol-related, I assume that the driver is being accused of DUI. However, this was not the cash with Ms. Lamb. She was a manager of Culhane’s Irish Pub in Atlantic Beach, Florida. Reports state that she failed to yield to oncoming traffic and did not cross at the crosswalk. She had a blood-alcohol level of .20 which is over double the legal limit of .08. Police cleared the driver, James Robert Etheridge, and he was not charged with Atlantic Beach DUI or any other criminal offense or civil traffic infraction.
If you are charged with Driving Under the Influence or a Criminal Traffic Infraction in Atlantic Beach Florida, contact Atlantic Beach DUI Lawyer, Chris Walsh at Law Office of David M. Goldman PLLC in Jacksonville, Florida.
Ponte Vedra Beach DUI Checkpoints
Ponte Vedra Beach DUI Checkpoints must pass certain constitutional standards. In Florida, two major cases govern the constitutionality of DUI checkpoints: Campbell v. State, 679 So. 2d 1168 (Fla. 1996) and State v Jones, 483 so. 2d 433 (Fla. 1986). The police officers conducting the DUI roadblock must have written guidelines that lay out detailed procedures for them to follow. The guidelines must “set out procedures regarding (1) the selection of vehicles, (2) detention techniques, (3) duty assignments, and (4) the disposition of vehicles.” Jones, 483 So. 2d at 438. Indeed, other Florida cases have addressed this issue such as the Florida Second District Court of Appeals (See
Guy v. State, 993 So. 2d 77 (Fla. 2nd DCA 2008)). For more information about this case, read “Florida Court Rules on DUI Checkpoint and Road Block Case” by Ponte Vedra DUI Attorney.
Florida Court Rules on DUI Checkpoint and Road Block Case
The Florida Second District Court of Appeals reversed a case in 2008, because the Florida DUI checkpoint did not have sufficient guidelines. In
Guy v. State, 993 So. 2d 77 (Fla. 2nd DCA 2008), the police department set forth a plan for a DUI checkpoint. The plan states that every vehicle would be stopped and checked, but if the traffic backed up, the supervisor “would develop a contingency plan either temporarily closing the checkpoint until the traffic cleared or changing the number of vehicles to be stopped.” Id. at 79. This DUI checkpoint violated the guidelines set forth by the Florida Supreme Court, because if left “the vehicle selection procedure to the discretion of a field officer to develop a contingency plan on the spot in the event of a traffic backup.” Id.
The court held that “the State did not show that the operational plan sufficiently limited the discretion of the officers as to the selection of vehicles and, to a lesser extent, the testimony showed that the officers did not strictly adhere to the written plan.” Id. at 80. Therefore, the Defendant’s motion to suppress should have been granted. Id.
Jacksonville Driving Under the Influence and Leaving the Scene of an Accident: Mandatory Sentence
As a Jacksonville Driving Under the Influence Lawyer and a Leaving the Scene of an Accident Lawyer, I have seen many cases that involved both crimes. While most people understand know that both of these offenses are crimes, they may feel to realize the serious ramifications of the crimes. For example, Florida Statute Section 316.027(1)(b) states that any person that leaves the scene of an accident “that results in death while driving under the influence… shall be sentenced to a mandatory minimum term of imprisonment of 2 years.” Sometimes, a driver may not know if a crash is serious, so it is always important to check on the other driver. However, in some cases, a driver may not be able to render aid. Therefore, every case is different and should be analyzed.
If you are arrested for Jacksonville Leaving the Scene of an Accident, contact a Jacksonville Leaving the Scene of an Accident Lawyer, at (904) 685-1200.
Jacksonville Leaving the Scene of an Accident Lawyer: What if No One is Injured?
Jacksonville Leaving the Scene of an Accident Cases involve some kind of damage. In some cases, only property is damaged. Florida Statute Section 316.061 covers Jacksonville Leaving the Scene of an Accident Involving Damage to Vehicle or Property.
This Florida Law states, “the driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled” his or her duty to give information and render aid. In most Jacksonville Leaving the Scene of an Accident Cases involving only property damage, the driver should stop his or her vehicle without obstructing traffic, exchange information with the other driver, and contact the police.
If you are ticketed for Jacksonville Leaving the Scene of an Accident, contact a Jacksonville Leaving the Scene of an Accident Lawyer, at (904) 685-1200. Even if you were not arrested and only received a citation, Jacksonville Leaving the Scene of an Accident is a second-degree misdemeanor and will result in a criminal charge.
New Florida Law Can Help Drivers Pay Jacksonville Traffic Tickets
Unpaid Jacksonville Traffic Tickets can lead to a Florida License suspension, but a new Florida Law will help driver’s get their licenses back. Beginning October 1, 2010, Florida law will permit anyone charged with non-criminal traffic citations to pay outstanding tickets through installments. The installment payments will be interest-free. Once all fines and fees are paid for, the Jacksonville driver will be able to get his license reinstated.
As a Jacksonville Traffic Lawyer, I have seen many hard-working people lose their licenses for different reasons. This Florida Law will benefit the community as a whole. When Jacksonville residents obtain a valid license, there are less uninsured motorist on the road. Additionally, it is difficult to maintain employment without a license. With a Jacksonville driver’s license, these people are less likely to lose their jobs.
While this Florida Law will affect those drivers with licenses that have been suspended due to unpaid traffic citations, it will not help those that have had their license suspended for other reasons, such as driving on a suspended license, driving under the influence, and excessive points. If you need help obtaining a valid driver’s license, contact a Jacksonville Traffic Lawyer.
Jacksonville Leaving the Scene of An Accident Attorney Advises that Drivers Have a Duty to Report
Jacksonville Leaving the Scene of an Accident is a crime in Florida that can range from a felony offense to a misdemeanor depending on the injury or damage caused by the accident. Florida Statute Section 316.027 govern crashes involving involving injury to a person or death. Florida Statute Section 316.061 addresses accidents that result in only damages to a vehicle or other property. Regardless of the injury or damage caused by the accident, Jacksonville drivers have a duty to stop and remain at the scene until they fulfill the requirements of Florida Statute Section 316.062. This Florida law requires that they give information and render aid. If this law is violated, the driver can be charged with a crime in Jacksonville, Florida.
Additionally, Florida Statute Section 316.065 states that you have to report the crash if it results in injury or death or damage of $500. Thus, not only do Jacksonville drivers need to give all pertinent information and render aid, but they also must report certain crashes to the Jacksonville Sheriff’s Office. If this Florida Statutes is violated, the result is a nonmoving, noncriminal traffic infraction.
If you are charged with a Jacksonville Driving Offense, contact a Jacksonville Traffic Lawyer.