Articles Posted in Traffic Offenses and Violations

There are many ways in which law enforcement officers can overstep or misstep in conducting a warrantless search pursuant to a traffic stop. When they do, those errors may mean the search was unconstitutional and you are entitled to suppression of the proof they found. This blog post will look at a couple of ways that officers can err. Keep in mind that, when an officer missteps, a skilled Tampa Bay criminal defense lawyer can be essential to success in court when it comes to the suppression of evidence seized in an illegal search.

An example of one of the ways police can violate your rights comes from one of our sister states… California. The accused was a man driving in the Bay Area when the police pulled him over for two minor traffic violations. The time required to check for outstanding warrants, confirm the validity of the driver’s license, registration, and insurance, and decide whether or not to write a ticket took roughly 3 1/2 minutes.

But the stop didn’t end there. Allegedly, an officer suspected the driver of being under the influence of drugs, so he ordered him out of the car and conducted field sobriety tests, which the driver passed. This took roughly six additional minutes. But the stop didn’t end there, either.

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While the news is full of stories of violent and/or repeat offenders, the reality is that a lot of people who get arrested are nonviolent first-time offenders. For people falling into this latter category, the law in Florida has options, including one that may allow you to walk away with the charge(s) against you dismissed. This is called the “diversion program,” and the earlier steps are taken on your behalf, the better your chances of successfully getting placed in the diversion program will be. An experienced Tampa Bay criminal defense lawyer can offer essential assistance in getting that diversion assignment.

People often have lots of items on their “bucket lists.” Sometimes, some of those items are unusual. Rarely, though, does one’s bucket list say anywhere on it “get arrested.”

But that’s exactly what one Florida Keys woman facing felony charges told a Monroe County Sheriff’s Deputy. She allegedly divulged that information right after he pulled her over in Key Largo after she avoided stopping for nearly five miles.

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Driving is incredibly convenient and allows us to go from one place to another. This can be handy in Florida, where there are many iconic locations to travel to, like Disney World, Kennedy Space Center and Miami Beach. However, Florida is also notorious for having one of the highest tickets issued to drivers. This is why it has been dubbed by many as the Citation State. In fact, it has the most tickets issued after the states of California and New York. As a result, the Florida Department of Highway Safety and Motor Vehicles earns about $1.4 billion every year. Therefore, it helps to learn about traffic violations in the state to avoid paying fines and contributing to such a vast amount of money from tickets. If you are unsure where to learn about violations, we have you sorted out. This article will look at some essential things you should know about traffic violations in Florida.

The categories of traffic violations

Traffic violations come in three categories that are ranked based on the severity of the acts or actions. These are:

truck-300x200Truck driving is one of the most exciting professions in the country, and many individuals consider this to be a fantastic way to pursue a career. For some people, trucks travel is attractive because it can provide them with a lot of independence. There are times when truck owners find themselves far from their homes and loved ones; unfortunately, they also need to make crucial decisions regarding truck ownership, such as buying cars insurance.

Ticket defense lawyer importance for truck drivers has been rising for the past few years due to the greater number of regulations enforced by state and local governments. Ticket defense lawyer importance is especially essential for commercial truck drivers that receive citations for regulations specifically related to their occupation, including speeding, driving within a percentage range of BAC, following too closely behind other vehicles, defective equipment violations, violation of CDL regulations, and more.

Truck driving is not just a job; it’s a way of life. Many truck drivers believe that the only time they’re pleased is when they’re driving their rig down an open highway on their way to destinations unknown or familiar. For many people, what matters is how much do truck drivers make their earnings, and this is considered an ideal lifestyle. Still, with the added responsibility of ensuring you arrive safely at your destination, there are where things can get stressful if you run into problems along the road.

Many criminal cases, including those here in Florida, begin not with a police search executed pursuant to a valid search warrant, but with a traffic stop. In a significant percentage of those cases, that initial stop was unlawful, which means that all the evidence obtained as a result of that stop should be suppressed at trial. Getting that gun, those drugs, or other evidence excluded from your criminal case requires a skillfully crafted and coherently advanced motion to suppress, and that represents just one of the multitude of places where a knowledgeable Tampa Bay criminal defense lawyer can make the difference between conviction and acquittal.

Traffic stops have, of course, been in the news lately, including to our north. D.W., a Minnesota man, was pulled over by police and, eventually, was fatally shot by one of those officers. Police said that they pulled D.W. over for an expired license plate but, shortly before his death, D.W. told his mother that he believed the police had pulled him over for the air fresheners hanging from his rearview mirror.

In Minnesota, things like air fresheners and fuzzy dice hanging from your rearview mirror are a valid basis for pulling you over. But here in Florida, the air freshener you have hanging from your rearview mirror cannot be the grounds for a valid traffic stop and, if the police do that, then any evidence they find is something you potentially can get suppressed. We know this because of a 2005 case decided by the Second District Court of Appeal in Lakeland.

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If you or a loved one is facing criminal prosecution, there are many things that can help you get to a successful outcome. Sometimes, that event can be a ruling in another case. In the situation of a man who was accused of violating the state’s hit-and-run law, he was able to overcome the charges against him and achieve success in the Fifth District Court of Appeal after the Florida Supreme Court clarified that the accident at issue in his case did not qualify as a “crash,” which was required in order to trigger a prosecution under the statute.

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What Sets Blake & Dorsten, P.A. Apart In Handling Driving Without A License Cases?

The law firm Blake & Dorsten specializes in these types of cases. They’re located literally directly across from the Department of Motor Vehicles so they’re able to deal with the DMV to oftentimes get your license situation corrected, to talk of a DMV, to figure out how to get your license back for you, whether it’s suspended, revoked, cancelled, or expired. Each one takes a little bit different course of action that the layperson may not understand.

The attorneys at Blake & Dorsten, P.A. are going to find out why your license is suspended. They’re going to take the steps to get it corrected and since they’re also located right directly across from the county court where the vast majority of these cases go, they are a familiar face at the courthouse and with the prosecutors. They’re able to deal with the prosecutor and work on getting the best result for you.

Other Questions Asked In Driving While License Suspended Cases

How Can Someone Verify Their License Has Been Suspended Or Reinstated?

If you check online with the DMV and you type in your driver’s license number, there are links from the DMV website that will tell you if your license is suspended or revoked.

Defending A Driving On A Suspended License Charge In Florida

Pinellas County  has specialized courts that deals strictly with traffic citations, DUIs and license suspension, like driving while license suspended issues. Attorneys Nicholas Dorsten and Rex Blake have more than 25 years of combined experience in prosecuting and defending these types of cases.

The good thing about that is they have handled hundreds of motions, and literally thousands of traffic citations throughout their career.  This is the type of experience you need when looking for a Pinellas DWLSR defense attorney.  As former prosecutors, they know what the state needs for a conviction and also how to best defend your charge.

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