Jacksonville Criminal Defense Lawyer Blog

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.

Every St. Johns County DUI case is different. The facts are different and the defenses will vary. It is important to discuss to discuss a DUI case with a Florida Driving Under the Influence Lawyer.

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).

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.

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:
(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(b) Any violation of s. 316.193, former s. 316.1931, or former s. 860.01;
(c) Any felony in the commission of which a motor vehicle is used;
(d) Driving a motor vehicle while his or her license is suspended or revoked;
(e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or
(f) Driving a commercial motor vehicle while his or her privilege is disqualified.
(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1)."

This Florida Traffic Law further states that a violation in another state or country, similar to those quoted above, can be used against the Jacksonville driver to suspended his or her driver's license for 5 years in Florida.

As a Jacksonville Criminal Defense Lawyer, I have represented many Jacksonville Habitual Traffic Offenders (HTO). With the majority of the Jacksonville HTO cases, it is important to act quickly. The longer a Jacksonville driver goes without a license, the more likely he or she is to reoffend and not be able to get a Jacksonville Driver's License. (See Jacksonville Florida Driver's License Suspended for Five Years as a Habitual Traffic Offender)

If you have questions about a Jacksonville Florida Driver's license suspension, contact a Jacksonville Criminal Defense Lawyer to review your driving record and determine what I can do for you.

In Florida, you can seal or expunge your Florida Criminal Record if you meet certain statutory requirements. You may be able to seal your the record if you were not convicted or adjudicated guilty of the crime. Either the court withheld adjudication, or you were found not guilty after a trial. If the State Attorney dropped the charges or declined to prosecute your Florida Criminal case, you may be able to expunge your Florida criminal arrest record.

If the Florida criminal record is sealed, each State and government agency that has a copy must seal the record and can only open it under strict circumstances that are set forth in Florida Statute Section 943.059. If the Florida criminal record is expunged, the records must be shredded. However, the FDLE (Florida Department of Law Enforcement) will keep one copy on file pursuant to Florida Statute Section 943.0585.

Right now, you cannot turn on the television or open a newspaper without hearing about the declining economy and rising unemployment. In Florida, many people are losing their jobs and looking for new ones. This creates a surplus of potential employees and a shortage of jobs for Floridians to fill. More than ever, it is important that employees make themselves as marketable as possible. Therefore, a Jacksonville criminal history can limit a person's chances to get a job.

This is why it is important to seal or expunge your Florida criminal arrest record. You can get a Florida Criminal Background Check through the FDLE's website. While the FDLE charges a fee for the online service, you can request a personal records review for free. However, this will take much longer. If you have ever been arrested or issued a criminal citation (notice of appearance) in Florida, you should request a Florida Criminal Background Check.

Florida law (FSS 943.0585 and 943.059) permits a Florida criminal defendant to seal or expunge a Florida criminal record. If you would like to seal or expunge your Florida criminal arrest record, contact a Jacksonville Criminal Defense Lawyer. Florida law requires that you meet certain eligibility requirements to seal or expunge a criminal record in Florida. Therefore, the assistance and guidance of a Jacksonville Criminal Defense Lawyer may prove invaluable in your Jacksonville Criminal Record Seal or Expunge.

As a Florida attorney that represents criminal defendants seeking to expunge or seal their records, I have many clients that are surprised to learn that they have criminal records, even though the charges were dropped. The Florida Criminal Background check will show that a person was arrested and the charges were dropped. However, being arrested for a Florida crime can have a devastating affect on your future.

Imagine this. You were arrested in Jacksonville Beach, Florida for domestic battery upon your spouse. The police take you to the Duval County Jail, where you are booked and fingerprinted. Within 24 hours, you are released on bond. A few weeks later, the Duval County State Attorney's Office realizes that you merely acted in self-defense, and the charges are dropped. A year later, you are applying for a job and the potential employer runs a Florida Criminal Background Check. After requesting your Florida Criminal Arrest History, the employer learns of your arrest for domestic battery in Jacksonville and decides not to hire you. This could have been prevented by expunging your Florida Criminal Background.

To expunge your Florida Criminal Arrest, contact a Florida Expunction Lawyer.

You do not need to be convicted of a crime in Florida to have a Florida Criminal Record. If you were arrested or issued a notice to appear (criminal citation), this will create a Florida Criminal Record. Your Florida Criminal Background History is available online to anyone that is willing to pay $24 for it on the Florida Department of Law Enforcement's website (see FDLE webpage). Additionally, most criminal court records are public record and available online in most Florida counties. For example, if you are seeking a Jacksonville criminal record, you may search the Duval County Clerk of Court's website. This is open for anyone to see. You can stop this by petitioning to have your Florida Criminal Record sealed or expunged.

To learn more about sealing or expunging your Florida Criminal Record contact a Jacksonville Criminal Defense Lawyer to review your Florida Criminal History. In addition, you must meet certain requirements to seal or expunge an arrest in Florida. That is where a Jacksonville Criminal Defense Lawyer may prove to be invaluable, I will be able to review your Criminal History and make the initial determination as to your applicability to having your Record Sealed or Expunged.

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).

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.

2. Leaving the scene of a crash resulting in property damage of more than $50--6 points.

3. Unlawful speed resulting in a crash--6 points.

4. Passing a stopped school bus--4 points.

5. Unlawful speed:

a. Not in excess of 15 miles per hour of lawful or posted speed--3 points.

b. In excess of 15 miles per hour of lawful or posted speed--4 points.

6. A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.

7. All other moving violations (including parking on a highway outside the limits of a municipality)--3 points. However, no points shall be imposed for a violation of s. 316.0741 or s. 316.2065(12).

8. Any moving violation covered above, excluding unlawful speed, resulting in a crash--4 points.

9. Any conviction under s. 403.413(6)(b)--3 points.

10. Any conviction under s. 316.0775(2)--4 points.

Once you accumulate a certain amount of points on your Florida Driver's License within a time period, your Florida Driver's License will be Suspended by the Florida Department of Highway Safety and Motor Vehicles. Therefore, it is extremely important to contact a Florida Driver's License Lawyer to discuss your Florida driving record.

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.

(c) When a licensee accumulates 24 points, including points upon which suspension action is taken under paragraphs (a) and (b), within a 36-month period, the suspension shall be for a period of not more than 1 year. "

If you have been issued a traffic citation that has resulted in points being assessed to your license, you should contact a Jacksonville Criminal Defense Lawyer. Even if the citation is an old citation, you may still be able to avoid the points and keep or reinstate your license.

If your Florida Driver's License is suspended due to excessive points and you can have the points withheld, you may be able to obtain a valid Florida Driver's License. If your Florida Driver's License was not suspended for excessive points but has been suspended due to driving with a suspended or revoked license (Florida Habitual Traffic Offender), you can still petition the court in order to obtain a valid driver's license.

In Jacksonville, the crime of driving under the influence (DUI) of alcohol or a controlled substance is usually a misdemeanor. It can be a felony under certain circumstances. A Jacksonville DUI is a felony if it involves death or serious bodily injury. Under these circumstances, a Jacksonville DUI criminal defendant will be facing a minimum prison sentence under the Florida Guidelines. A person arrested for DUI in Jacksonville can be charged with Felony Driving Under the Influence if he or she has 3 or more convictions for DUI.

As a Jacksonville DUI Lawyer, I have represented clients arrested for misdemeanor DUI and felony DUI and have tried several Jacksonville DUI cases. However, I have never seen a felony DUI case like this one. Billie Joe Madden avoided a DUI arrest by having someone else drive his vehicle. Still, he was arrested on felony charges. Instead of being arrested for DUI, he "was arrested and charged with two counts of child desertion, parent allowing a minor to drive, open container and two counts of no child restraint and no seat belt" (News4jax.com). Police officers "said Madden told them he was intoxicated, and fell asleep while his son drove" and his 4-year-old daughter sat in the back seat.