Traffic Tickets

January 4, 2010

Jacksonville Florida Traffic Citation: Can You Be Cited for Flashing Your Headlights?

Drivers flash their lights by going from a low beam to a high beam. Usually, a Jacksonville driver does this to indicate to others drivers that there is something that they should be aware of. For instance, if a prudent driver sees a disable car on the side of the road, he may flash his lights to inform the oncoming vehicle of a dangerous situation. This could protect people in the disable vehicle as well on the driver and passengers of the oncoming vehicle. As a child, my mother would flash her lights at other vehicles when she saw a dog wandering the highway. She did this to get the other vehicles to slow down.

Sometimes, Jacksonville drivers are ticketed for flashing their high beams at other vehicles. Jacksonville police officers issue the citation pursuant to Florida Statute 316.2937(7) which states that “flashing lights are prohibited on vehicles except as a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is lawfully stopped or disabled upon the highway or except that the lamps authorized in” this Section. However, this is not permitted. This Florida law was not meant to prohibit flashing your high beams in the manner listed above. In fact, a handbook issued by the Florida Department of Highway Safety and Motor Vehicles recommends that a driver flash his high beams at an oncoming vehicle that if another vehicle is approaching with its high beams illuminated. In

State v. Cason, a Seminole County court ruled that Florida Statute Section 316.2397(7) does not prohibit a driver from flashing his high beams or turning his lights on and off. The court found that it did not matter that the driver was doing so with the intent to warn other drivers of a police officer with a radar device.

December 16, 2009

Can You Be Stopped for a Cracked Windshield in Florida?

by David M. Goldman

Is a police officer permitted to stop a driver with a cracked windshield in Florida? It depends. A Florida driver can be stopped problems with a windshield if the windshield violates a provision listed in Florida Statute Section 316.2952 or Section 316.610. A cracked windshield would be covered in Section 316.610. However, a stop is only permissible under this Section if the crack poses a safety hazard. This would make the vehicle unsafe and allows the officer to stop the driver, because he has a particularized and objective basis to believe that the driver is violating the law.

On the other hand, if the windshield does not create a safety hazard, the officer does not have reason to stop the driver. In

Hilton v. State, the Florida Supreme Court ruled that marijuana seized as a result of a stop pursuant to Section 316.610 was obtained illegally. The court held that there was no evidence to establish that the crack in Hilton’s windshield rendered his vehicle unsafe. Thus, there was no evidence to support an objectively reasonable suspicion that the vehicle was unsafe and in violation of the statute.

September 30, 2009

Jacksonville Habitual Traffic Offender Lawyer

by David M. Goldman

A Florida Habitual Traffic Offender is defined in the Florida Statutes. Florida Statute Section 322.264 lists the criteria for a driver to qualify as a habitual traffic offender (HTO). The Florida Department of Motor Vehicles will evaluate a person’s driving record for the past five years to make this determination. If a Jacksonville driver has a certain amount of the traffic convictions, his or her license will be suspended for five years as a Jacksonville Habitual Traffic Offender.

A Jacksonville driver must have three or more convictions, arising out of separate incidents, of the following to result in a Jacksonville HTO Suspension:

involuntary or voluntary manslaughter due to the operation of a motor vehicle;
driving under the influence (DUI);
a felony in which a motor vehicle was used to commit the crime;
driving with a license suspended or revoked (knowingly or unknowingly);
driving a commercial vehicle when such privilege has been suspended or revoked; or
failing to render aid in a crash that results in death or bodily injury.

February 27, 2009

Jacksonville Speeding Tickets Can Lead to a Suspended Driver’s License

by David M. Goldman

For most people, the easiest way to handle a Jacksonville speeding ticket is to pay the fine and forget about it. This is not a smart way to dispose of your Jacksonville traffic ticket. When you pay the Jacksonville speeding ticket, you are adjudicated guilty of driving at an unlawful speed. This will result in points being added to your Florida driver’s license. These points can result in increased automobile insurance rates and may result in your license being suspended.

In Jacksonville, Florida, if you exceed the speed limit by greater than 15 miles per hour, four points will be accredited to your Jacksonville driver’s license. If you were traveling 15 miles per hour or less over the speed limit, you will earn three points. If receive the following points on your Jacksonville driver’s license, your driver’s license will be suspended.

12 points within 12 months results in a 30 day suspension.
18 points within 18 months results in a 3 month suspension.
24 points within 36 months results in a one year suspension.

To learn more about Jacksonville speeding tickets and Jacksonville driver license suspensions, see Florida Statute Section 322.27 and contact a Jacksonville Speeding Ticket Lawyer. A Jacksonville Traffic Ticket Lawyer can help you keep your driver’s license and avoid additional points on your license.