February 2009 Archives

February 27, 2009

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

844621_speed_1.jpgFor 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.
  1. 12 points within 12 months results in a 30 day suspension.
  2. 18 points within 18 months results in a 3 month suspension.
  3. 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.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Driver's Licenses , Traffic Citations

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February 24, 2009

Can I Seal My Florida Criminal Record?

919323_box_clasp.jpg"Can I seal my Florida Criminal Record" is a question that I am asked almost everyday.  While each Florida Record Sealing case is different, you can evaluate your case by answering a series of questions.  I have included these on Apple Law Firm PLLC's website at www.jacksonvillelawyer.pro.  I developed these questions based on Florida Statute Section 943.0585 which addresses court-order expunction of Florida criminal history records.  


Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Expunging and Sealing Criminal Records , Seal a Criminal Record

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February 23, 2009

Jacksonville DUI Lawyer: Officers Use Warrants to Force Blood Draws

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Jacksonville DUI blood draws are only permitted under certain circumstances.  In a Jacksonville Driving Under the Influence (DUI) case, a police officer cannot force a driver to give a blood sample unless the Jacksonville DUI resulted in a car accident involving death or serious bodily injury (see Florida Statute Section 316.1933).  Some Jacksonville DUI officers have disregarded this Florida law, and forced blood test on drivers charged with DUI.  After the driver refuses the breath test, the Jacksonville DUI officer obtains a search warrant allowing him to force the blood draw.  Florida Statute Section 316.1933 clearly states that a blood draw is limited to a Jacksonville DUI that involved serious bodily injury.  This type of warrant gives another exception that the legislature did not create. If this occurs, a Jacksonville DUI Attorney should file a Motion to Suppress the results of the blood test.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: DUI / DWI - Driving Under the Influence

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February 23, 2009

Jacksonville DUI Blood Draws Are Permitted Under Certain Circumstances

329034_blood_test.jpgA driver charged with Driving Under the Influence (DUI) in Jacksonville has the option to refuse a breath and/or urine test under Florida's Implied Consent Law.  If the driver refuses the breath or urine test, the refusal can be used against him, and if he submits to the testing, the results can be used against him.  

In some Jacksonville DUI cases, the police officer may request a blood draw.  According to Florida Statute Section 316.1932, a police officer may request a blood test if the driver is at a medical facility for treatment, and administering a breath or urine test would not be practical.  If a Jacksonville DUI case falls under this statute and the driver is conscious, he has the option of refusing the test.  Under Florida Statute Section 316.1933, a police officer can force a driver to submit to a blood test if the Jacksonville DUI case involves death or serious bodily injury.  If blood is drawn in violation of Florida law, a Jacksonville DUI lawyer should file a Motion to Suppress the results of the blood-draw.  


Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: DUI / DWI - Driving Under the Influence

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February 22, 2009

How to Stop Your License From Being Suspended as a Habitual Traffic Offender

In order to be a Jacksonville habitual traffic offender, the driver must have a certain number of traffic offenses as listed in Florida Statute Section 322.264.  Quite often, a driver does not even know that he or she is eligible to be a Jacksonville habitual traffic offender, until the driver receive notice in the mail that his driver's license is going to be suspended.  Once this occurs, it seems as if there is nothing left for the driver to do except become a Jacksonville habitual traffic offender and lose his license for five years.  

There is a way to remedy this problem.  The driver can petition the court to reopen his case and allow him to withdraw his guilty plea or modify the sentence.  For example, if the driver has three convictions for driving with a license suspended or revoked, his Jacksonville driver's license will be suspended as an habitual traffic offender.  However, the driver can request that one of convictions be withheld or ask the court to amend the charge to driving without a valid license under Florida Statute Section 322.03.  If the court grants the petition, the driver will only have two convictions for driving with a license suspended or revoked, and his Jacksonville driver's license will not be suspended.  

To learn more about how to prevent your Jacksonville driver's license from being suspended, you can contact a Jacksonville Driver's License Lawyer.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Driver's Licenses , Habitual Traffic Offenders

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February 21, 2009

Can I Expunge My Florida Criminal Record?

980_burnin.jpg"Can I expunge my Florida Criminal Record" is a question that I hear often.  As with all other aspect of the law, each Florida Record Expunction is different.  However, you can evaluate your case by answering a series of questions which I have posted on Apple Law Firm PLLC's website at www.jacksonvillelawyer.pro.  I developed these questions based on Florida Statute Section 943.0585.  This Florida law addresses court-order expunction of Florida criminal history records.  



Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Expunge a Criminal Record , Expunging and Sealing Criminal Records

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February 20, 2009

How does a Jacksonville Criminal Defendant Avoid a Felony Conviction?

Under Florida Statute Section 775.08435, a judge can withhold adjudication on a felony unless the Jacksonville criminal defendant falls into one of the following categories:
  1. He is charged with a capital, life, or first degree felony.
  2. He is charged with a second degree felony.
  3. He is charged with a third degree felony and has received a previous withhold of adjudication.  
A Jacksonville criminal defendant that falls under category (2) or (3) above can still receive a withhold of adjudication in the following situations:
  1. the prosecutor requests it in writing or
  2. the court makes a written finding that a withhold of adjudication is reasonable.  
However, the court cannot withhold adjudication of guilt if the Jacksonville criminal defendant has two or more prior felony withholds from a previous case.  

In Jacksonville, Florida, it is more difficult to avoid a felony conviction and obtain a withhold, instead of a conviction, if the Jacksonville criminal defendant already has a criminal record.  This Florida Statute reflects this.  Therefore, if you do not have a criminal record, and you are charged with a felony, you are more likely to receive a withhold than someone that does have a criminal record.  

Visit www.jacksonvillelawyer.pro for a list of Florida Crimes and the Penalties associated with them.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Crimes and Penalties

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February 18, 2009

Jacksonville Criminal Lawyers Seek Evidence from State Attorneys

830114_files_4.jpgJacksonville criminal lawyers know how important the criminal discovery process is.  The evidence that a Jacksonville criminal lawyer obtains from this process determines what route to take in a case.  More importantly, Jacksonville criminal lawyers advise their clients based on the evidence discovered.  Therefore, discovery is the most important part of a case.  Jacksonville criminal lawyers seek all the evidence that the State of Florida has against a criminal defendant, and the State has an obligation to provide it.  However, this does not always happen. 

Florida law provides a remedy when the state fails to disclose evidence called a Richardson Hearing.  If a discovery violation occurs, the trial court must hold a hearing.  At the Richardson Hearing, the trial court must ask 3 questions:
  1. Was the State's violation willful and inadvertent?
  2. Was the violation substantial?
  3. What effect did it have on the criminal defendant's ability to prepare for trial?
If a Jacksonville criminal lawyer succeeds at the Richardson Hearing, the trial court must determine what remedy is proper.  In some cases, the court merely allows the defense a few more minutes to adjust its case.  In other cases, the court will penalize the State and refuse to allow the evidence to be submitted to the jury.  

To learn more about Richardson Hearings contact a Jacksonville Criminal Lawyer or read the most recent Richardson Hearing case, Curry v. State.pdf.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Evidence

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February 16, 2009

Jacksonville Gun Crimes and Liability

Imagine someone steals your gun from your Jacksonville residence, and he shoots someone with it.  Are you liable for this Jacksonville gun crime?  Maybe.  The answer depends on the facts of your case.  For example, under Florida Statute Section 790.174, Jacksonville residents must store their guns in a securely locked box or other secure location if they know or should know that a minor is likely to access the gun.  If this Florida statute is violated and a minor obtains possession of the gun, the Jacksonville resident can be charged with a second-degree misdemeanor.  

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Jacksonville gun owners should be aware that they can be liable for negligent entrustment of a gun.  As a Jacksonville gun owner, you have a legal responsibility to keep your gun safe and secure.  Jacksonville gun owners must be cautious of allowing other people to borrow the gun or have access to the gun.  In some cases, a Jacksonville gun owner may sued for negligence if someone takes the gun and injures another person with it, if the Jacksonville gun owner was negligent in storing the gun or allowing the gun to be available to another person.  

To learn more about Jacksonville gun crimes and the liability involved with owning a gun in Jacksonville Florida, contact a Jacksonville Gun Lawyer or visit www.jacksonvillelawyer.pro.  

If you have questions relating to the NFA or Title II firearms contact a Jacksonville NFA Lawyer or visit www.nfaguntrustlawyer.com.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Gun Crimes

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February 2, 2009

Defenses to Jacksonville DUI HGN Test

Jacksonville DUI officers administer the Horizontal Gaze Nystagmus test is as a standard field sobriety test.  A Jacksonville DUI defendant can defend against the HGN test in many ways.

  1. There are medical reasons that Jacksonville DUI suspect may exhibit nystagmus (jerking of the eye), other than due to alcohol impairment.  Nystagmus can result due to pathological disorders, such as brian tumors, brian damage, and brian injuries.  This can be noted if the Jacksonville DUI defendant has pupils that are different sizes, the eyes jerk even when the DUI suspect is looking strait ahead, or the eye's do not track together.
  2. The Jacksonville DUI officer did not perform the test correctly.  Some police officers will hold the pen light too close or too far from the Jacksonville DUI suspect's face.  It should be 12 to 15 inches from his face.  The police officer moves the object too slowly or quickly, instead or slowly and smoothly.  The police officer does not make a strait line, and curves the pen to the side, upward, or downward.    
To learn more about Jacksonville DUI HGN tests contact a Jacksonville DUI lawyer or visit Jacksonville DUI HGN Test Information blog.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: DUI / DWI - Driving Under the Influence

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February 1, 2009

Jacksonville DUI HGN Test Information

Horizontal Gaze Nystagmus (HGN) test is a field sobriety test that is used in Jacksonville DUI cases.  The Jacksonville DUI officer uses a pen light to track the DUI suspect's eyes.  The DUI officer looks for three clues on each eye.  

  1. Smooth Pursuit:  The Jacksonville DUI officer moves the pen light smoothly and slowly from the center all the way out to his right side, checking the Jacksonville DUI suspect's left eye. Then, the DUI officer moves it his left side, checking the DUI suspect's right eye.  The Jacksonville DUI officer returns the pen light back to the center of the driver's face.  This takes approximately two seconds.  The Jacksonville DUI officer must do this portion of the test at least twice.  He is looking for the eye to "lack smooth pursuit" and make a jerking motion.  
  2. Nystagmus at Maximum Deviation:  The Jacksonville DUI officer holds the pen light as far to the right as possible, checking the Jacksonville DUI suspect's right eye.  He is looking for a distinct and sustained jerking of the eye.  The Jacksonville DUI officer does the same to the right eye.  He must check each eye at least twice.  
  3. Nystagmus Prior to 45 Degrees:  The Jacksonville DUI officer uses the pen light to notice when the eye begins jerking.  Usually, the officer is looking for the Jacksonville DUI suspect's eyes to begin jerking before the pen light reaches a 45 degree angle.  The 45 degree angle occurs approximately at the Jacksonville DUI suspect's shoulders.  This is also performed twice on each eye.  
To learn about defenses to Jacksonville DUI HGN test, contact a Jacksonville DUI lawyer or visit Defenses to Jacksonville DUI HGN Blog.  

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: DUI / DWI - Driving Under the Influence

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