Jacksonville Criminal Defense Lawyer Blog

The 1st DCA recently heard a case involving the erroneous conviction of a man as a HTO although he never acquired a State license. (Crain v. State). In this case, Crain was tried and convicted as a HTO although he never had a Florida driver's license. The issue before the Court is whether a person can be convicted under F.S.A. § 322.264 noting § 322.34(5). The Court ruled that Crain's felony conviction be overturned and adjudicate him guilty of driving without a valid driver's license (a misdemeanor).

The State contended a commonality between "driver's license" and "driving privilege," stating these two were mutually exclusive. Furthermore, in closing arguments, the State differed from the statutory language and added "or driving privileges" into the statutory jury instructions. The Defense, on the other hand, contends that the State overreached its bounds by expanding the Florida Statute to include what was not meant or intended to be included. Additionally, the Defense points to § 322.34(6) where the legislature defines the crime of driving without a valid driver's license as a separate offense from § 322.34(5).

The Court ruled in favor of the Defendant on the grounds the State failed to prove Crian ever had a license and therefore the State could not prove he drove while his license was suspended/revoked.

This particular case demonstrates where good Criminal Defense lawyering played a major role in the outcome. Had Mr. Crain gone against the legal system alone, he might still have a felony conviction on his record. Although every case is different and no specific outcome can be determined before hand, the advice and counsel of a Jacksonville Criminal Defense Lawyer can prove advantageous to Jacksonville Criminal Defendants. They will evaluate your case, determine possible defenses and justifications, and work with you to protect your rights. So, if you or a loved one are facing a HTO conviction or any Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and make the proper determination in the best approach moving forward.

Recently, Anthony M. Migliaccio of St. Augustine, Florida was arrested after he hit his mother twice with a vehicle, crashed into a fence, and then fled the scene to avoid the police. He was later arrested hiding in the woods near Century Boulevard in St. Augustine. Anthony, 23, has been charged with aggravated battery with a deadly weapon, hit and run, criminal mischief and resisting arrest without violence. All the charges pending against Anthony are Felonies, besides the resisting arrest, which is a misdemeanor.

According to the reports, Anthony's mother attempted to stop him from driving because his license was suspended. He then proceeded to hit his mother with the car as she approached and hit her again as she lay on the ground. He attempted to flee in the vehicle but crashed into a fence, where the vehicle got stuck. Anthony fled the scene on foot until later apprehended by police. His mother only suffered minor injures from the incident.

Currently, Anthony remains in St. Johns County jail on a $62,000 bond. When facing several criminal charges, the advice and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. A Jacksonville Criminal Defense Lawyer will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

As the New Year begins, some Jacksonville residents may be in a position that was not anticipated as they went out for their New Year's Eve Celebration. I mean, some Jacksonville residents indulged in the festivities a little too much and are now facing a Jacksonville Driving Under the Influence (DUI) charge. Now what? What do I do? You should consult a Jacksonville Criminal Defense Lawyer to discuss your case and make the proper determinations in moving forward.

When you are pulled over for DUI, the officer is likely to ask you to take one or both of these tests: field sobriety or a breathalyzer. While you have the right to refuse to take either test, be mindful that Florida follows an "implied Consent Law." Florida Statute § 316.1932. This means although you have the right to refuse the test it will result in an immediate suspension of your license for one year. This could however limit the evidence the state has gained against your DUI charge because there will not be a record of your Blood Alcohol Level (BAL).

However, if you have chosen to take the tests, the results are not definite. There are several mitigating factors a Jacksonville Criminal Defense Lawyer can consider when defending your DUI charge. For instance, is the breathalyzer functioning properly, is the result so close to .08 accurate, etc. As for the field sobriety test, what were the weather conditions, did the defendant have proper footwear on, what condition was the road in, etc. All these factors and more can be determinative when facing a Jacksonville DUI.

Furthermore, a DUI conviction can result in serious penalties, both civilly and criminally. According to a Jacksonville Personal Injury Lawyer if the defendant injured or damaged another's property, they could be facing a civil penalty for the losses suffered by the victims. Florida Statute § 316.192, defines the penalties for first time offenders. A Defendant convicted with DUI could face up to 6 months in jail, a fine ranging from $500-2000, suspended license from 180 days to 1 year, an interlock device, required community service, and potentially vehicle impoundment.

When facing a Jacksonville DUI charge, the advise and counsel of a Jacksonville Criminal Defense Lawyer will be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. A Jacksonville Criminal Defense Attorney will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

As a Jacksonville Criminal Defense Attorney, I have seen many cases regarding Habitual Traffic Offenders (HTO). Although every case has its individual characteristics, the end result is always the same; the individual is facing a 5-year suspension of their license. This will have a negative impact on an individual's job, social life, travel, and acquiring basic necessities. This hindrance will only be compounded with Jacksonville's less than adequate public transportation system. But, what actually is a Jacksonville Habitual Traffic Offender and how can I prevent becoming a Jacksonville Habitual Traffic Offender?

Florida Statute § 322.264 directly addresses this issue. According to the statute, a Habitual Traffic Offender is any person whose record, as maintained by the DMV, shows that such person has accumulated the specific number of convictions for offenses described in (1) or (2) within a 5-year period:

1. 3 or more convictions of any one or more of the following arising out of separate acts:


2. [a]Voluntary/involuntary manslaughter with a vehicle; [b]Any violation of § 316.193 (DUI);[c]Any felony using a vehicle; [d]Driving with suspended or revoked license; [e]Failing to stop or render aid as required by law; [f]Driving a commercial vehicle with privilege revoked; OR


3. 15 convictions for moving traffic offenses for which points may be assessed

Unfortunately, after being labeled a HTO the pain does not stop there. According to Florida Statute § 322.331, after the statutory period, the individual can petition the Court for restoration of driving privileges. There will be an administrative hearing to determine restoration and to determine whether to issue a restricted or unrestricted license.

This is a complicated process of reinstating your license once it has been revoked. Not to mention all the additional fees required before your license will be reinstated. The best approach is to avoid HTO status in the first place. A Jacksonville Criminal Defense Lawyer can evaluate your driving history and determine the best course of action heading forward to prevent the revocation of your license. If you have multiple traffic violations or have been labeled HTO, contact a Jacksonville Criminal Defense Lawyer today.

As a Jacksonville Florida Driver's License Lawyer, I get many calls from people stating, "Help! I just received a letter in the mail that says my driver's license is going to be suspended for five years." The Jacksonville driver that called is normally being declared a Florida Habitual Traffic Offender, and that is why his or her license is being suspended for five years. As a Florida Habitual Traffic Offender, if the driver gets caught driving with a habitual traffic offender suspension in Jacksonville, he or she will be arrested for felony driving with a suspended or revoked license.

When you receive a letter from the Florida Department of Highway and Safety Motor Vehicles, do not wait to do something about it. Stopping your Florida Driver's License from being suspended cannot occur in a day. You will likely need to reopen one of your older cases to reverse this Habitual Traffic Offender suspension. A Jacksonville Driver's License Attorney (Cynthia Veintemillas) should discuss your case with you. In order to reopen an old Jacksonville Driving on a Suspended or Revoked License case, your attorney will need to be able to present the court with mitigating evidence that will set you apart from other Jacksonville drivers in the same situation. When talking with a Jacksonville Driver's License Lawyer, it is important to tell her everything about your Florida Habitual Traffic Offender driver's license suspension and your Florida driving record, so she can prepare your case properly for you.

Contact Jacksonville Criminal Defense Attorney, Cynthia Veintemillas, to discuss your Florida driver's license case.

If you are charged with a misdemeanor drug crime in Jacksonville, Florida, there are somethings that you should know. Although the crime is a misdemeanor, a drug crime is not a minor crime. For instance, possession of less than 20 grams of marijuana is a misdemeanor in Florida. However, it carries serious ramifications. You can receive up to one year in jail for the charge. Even if you do not receive a jail sentence for possession of marijuana, it is still on your criminal record. Schools, potential employers, and the general public will be able to see your Florida criminal record and the misdemeanor drug charge. If you are convicted of the Jacksonville drug crime, you will not be able to seal or expunge the arrest. Therefore, discussing your case with a Jacksonville Criminal Lawyer before you enter a plea to the drug crime is crucial.

Under Florida Statute Section 322.055, your Florida Drivers License will be suspended for two years in you are convicted of certain drug offenses. While the court may direct the Florida Department of Highway Safety and Motor Vehicles to issue a hardship license, a hardship license is not available until at least six months of the revocation or suspension has expired. For most people, their Florida drivers license is crucial to maintaining employment, so even six months without a license can result in job losses. Also, if you get caught driving on a suspended license, you are looking at another Jacksonville criminal charge, Florida Driving with a License Suspended or Revoked.

If your Florida driver's license is suspended and you are stopped by a police officer, you will either be issued a traffic citation or arrested. If you are driving with a suspended or revoked driver's license and you are unaware of the revocation or suspension, you will be cited for unknowingly driving with a suspended or revoked license in Florida. This is a civil traffic infraction. If you were aware that your Florida driver's license was suspended or revoked, you will be charged with a Florida Criminal Traffic Infraction. Usually, this is a misdemeanor charge. However, if you acquire three driving with a license suspended or revoked charges within a five year period, you will be labeled a Florida Habitual Traffic Offender. If you are stopped as a Florida Habitual Traffic Offender, you will be facing a felony arrest.

If you are issued a citation for civil or criminal driving on a suspended license, do not pay the ticket before talking to a Jacksonville Drivers License Lawyer. Because of the future ramifications that this could cause, it may be better for you to set a court date. If you pay the ticket, you will be adjudicated guilty of Florida driving with a license suspended or revoked.

Quite often, a minor crime will lead to a major crime. For instance, I have seen Jacksonville Criminal Defendants that have had their drivers licenses suspended habitual traffic offenders. Like most people, Jacksonville habitual traffic offenders have jobs and families that they need to support. Therefore, they end up driving without a driver's license in Jacksonville, Florida. As Jacksonville Habitual Traffic Offenders, if these drivers are caught, they will be arrested for a felony (See Jacksonville Florida Driver's License Suspended for Five Years as a Habitual Traffic Offender ). In a few Jacksonville Habitual Traffic Offender cases, I have seen these drivers fleeing police officers that are trying to stop their vehicles due to the fear of arrest. When they are caught, they are arrested for Jacksonville fleeing and attempting to elude a law enforcement officer. Now, they are facing additional felony charges.

This scenario could have been prevented. When I am reviewing a habitual traffic offender's driving record, I often see that there are things that the Jacksonville habitual traffic offender can do in order to try to obtain a valid driver's license. However, once a driver gets to the point that he or she has been arrested for Jacksonville Fleeing and Attempting to Elude, it may be too late. That is why it is so important to correct the driving record at the early stages and get a valid Florida driver's license. If you need help with your Florida Drivers License, contact Cynthia Veintemillas, a Jacksonville Drivers License Attorney.

In Jacksonville, Florida, a habitual traffic offender 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 Cynthia Veintemillas, Jacksonville Driver's License Attorney.

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 Driver's License 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 Attorney Cynthia Veintemillas.

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 Florida Driver's License Attorney, Cynthia Veintemillas. Even if the citation is an old citation, you may still be able to avoid the points.

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.

Section 322.34(5) of the Florida Statutes makes it a 3rd degree felony for anyone whose license is suspended or revoked as a Florida Habitual Traffic Offender to drive a motor vehicle. In 2008, the Florida legislature adopted section 322.34(10)(a)6 which states if the offender does not have a prior forcible felony conviction, and if the person is designated an Florida Habitual Traffic Offender as a result of the suspension of the license because of purely financial defaults, the offender is only to be punished for a misdemeanor.

The Florida Fifth District Court of Appeals recently decided a case (Wyrick v. State, 35 Fla. L. Weekly D2666b) where a Florida Habitual Traffic Offender (HTO) was arguing that she should not have been charged with a felony. Wyrick was convicted of Driving Under the Influence (DUI) in 2004 and two Driving with a License Suspended or Revoked (DWSL) in 2006 for driving w/out insurance. Thus, the two DWSL offenses were financial responsibility suspensions. She was labeled HTO and subsequently was charged with an additional DWSL as a felony. The Florida court ruled that Wyrick only partially attained her HTO status from her financial defaults. Without the DUI, the two DWSL would not have resulted in her HTO status. Because of the DUI, she was able to be charged with a felony.

If you are charged with Jacksonville Driving on a Suspended License, contact Jacksonville Drivers License Lawyer, Cynthia Veintemillas, at (904) 685-1200.

Florida State Section 322.34(10)(a)(6), creates a defense to the felony charge of Jacksonville Driving on a Suspended License as a Habitual Traffic Offender. If a driver is declared a Jacksonville Habitual Traffic Offender based drivers license suspension on the reasons listed below below, he should not be charged with a felony:

1. Failing to pay child support;
2. Failing to pay any other financial obligation (some crimes are excluded, see section 322.245(1));
3. Failing to comply with a civil penalty (such as not paying a traffic citation, see section 318.15);
4. Failing to maintain vehicular financial responsibility (such as insurance, see chapter 324);
5. Failing to comply with attendance or other requirements for minors (see section 322.091).

Therefore, if a Jacksonville driver is charged with Jacksonville Driving on a Suspended License as a Habitual Traffic Offender, his Jacksonville Driving on a Suspended License Attorney can defend against the felony if his suspensions were only due to his failure to pay child support, traffic citation, etc.