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.

Last week St. Johns County Sheriff's Office responded to a hit and run accident that resulted in one man being sent to Flagler Hospital for life-threatening injuries. The accident occurred early Friday morning on Old Moultrie Road. According to the Sheriff's Office the victim was traveling southbound on his scooter when an unidentified Ford vehicle stuck the victim from behind and then proceeded to flee the scene. Police are currently looking for a Ford vehicle with front-end damage and encourage people to call in if they have any information regarding this Florida Hit and Run.

In Florida, leaving the scene of an accident that results in injury or death is a third degree felony. If convicted, a person could face up to 5 years in prison and/or up to $5,000.00 fine. This is a serious criminal offence and the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Florida Statute § 316.027 defines the law and reads, "the driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash...and must remain at the scene of the crash and to answer questions and render aid as set forth in F.S.A. § 316.062."

But, what does all this mean for a Jacksonville motorist? It means if you have caused an accident, injuries or not, you are required to remain at the scene or face additional criminal charges and penalties. Additionally, according to a Jacksonville Personal Injury Lawyer if you are at fault in a car accident you could be facing a personal injury claim to compensate the victim for their losses they have suffered as a result of your negligence.

Finally, my advice is to remain at the scene after being involved in an automobile accident. It could be the difference between civil charges for personal injury or facing a third degree felony criminal charge. However, if you or a loved one are facing a Jacksonville Hit and Run charge, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what is the best approach in moving forward.

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.

Simply put, no. Intent is not an element of the offense of DUI and lack of intent is not a recognized defense to DUI. A recent Writ of Certiorari went before the 1st District Court to determine whether it was proper for the trial court to grant the State's motion to preclude the petitioner from giving testimony and evidence regarding his lack of intent to drive as a defense and to negate his charges of Driving Under the Influence (DUI). This Court ruled the trial courts decision to grant the State's motion was proper and therefore denies the petitioners Writ of Certiorari.

This petition stems from the criminal DUI trial of Eugene McCosky. At the beginning of the trial the State filed an Omnibus Motion in Limine (basically a motion to limit testimony and evidence pertaining to a certain issue). The State wanted to prevent the defendant from arguing the State was required to prove intent to drive in order to convict him of DUI.

The defendant wanted to argue that on the night in question he had no intention of driving the vehicle, but was just waiting inside with the radio on until a friend came and picked him up. The court granted the State's motion on the grounds that under Fla. Stat. 316.193, a person is guilty of DUI of the person is driving or in actual physical control of the vehicle... The State argued and the court agreed intent is not an element of the crime charged and although defendants are allowed to argue defenses, intent in this regards is not a valid defense theory under Florida law. Therefore, the defendant's testimony and evidence would only confuse, mislead, and prejudice the jury.

Although this defendant was not able to overcome the evidence against him, a Jacksonville Criminal Defense Lawyer can challenge the State's case and determine what defenses and justification may be applicable in your case. Criminal charges can be live altering, especially if you take on the legal system without legal representation. If have been charged with a criminal offense or have pending criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss you case and determine what is the best course of action in moving forward in your case.

Normally, if you receive a ticket in Jacksonville, Florida, you are given options. You may pay the Jacksonville traffic ticket. You may elect to take the traffic school. You may set a court date and appear in Duval County traffic court. However, in some cases, you have no choice. The Jacksonville traffic citation orders you to set a court date within a certain time period. If you have received a ticket that orders this, it is likely that you have received a criminal traffic citation. This is not a basic ticket. It will be part of your Florida criminal record.

Therefore, you need to take this infraction seriously. You do not want to enter a plea of no contest or guilty to the ticket without speaking to a Jacksonville Criminal Traffic Lawyer. If you have been issued a criminal traffic ticket, contact Cynthia Veintemillas. You need to understand your rights, defenses, and options under Florida Law.

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.

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.

On May 21, 2011, Florida Highway Patrol (FHP) arrested Pedro Terrero Leyva for Florida Driving Under the Influence (DUI) causing serious bodily injury, careless driving, and having an open container. Leyva has been accused of hitting an off-duty Florida Deputy, Gary Lee Edwards, and causing a crash that seriously injured Edwards. He was taken to Shands hospital. Since Leyva was charged with Floirda DUI Causing Serious Bodily Injury, he was facing the penalties of a third-degree felony which is punishable by up to five years in prison (See Suwannee Co. Deputy Hurt in Crash).

However, Leyva will face a larger Florida sentencing range. Edwards died at Shands hospital (See FHP: Deputy Hit By DUI Driver Dies). The State Attorney's Office will likely charge him with Florida DUI Manslaughter, a second-degree felony. In Florida, a second-degree felony is punishable by up to 15 years in prison.

If you have been charged with DUI in Jacksonville, Florida or the surrounding counties, contact Cynthia Veintemillas, a Jacksonville DUI Lawyer, to discuss your case.

Jacksonville teen, Michael Beauregard, was arrested and charged with Jacksonville Leaving the Scene of an Accident involving death. According to media reports, the accident occurred early Saturday morning. Monica Moon was returning from the store, when a truck hit her. Her fiance, David Lopez, witnessed the Jacksonville hit and run and stated that the driver of the truck stayed for approximately two minutes and then left the scene. Moon died at the scene. Police obtained a warrant and Beauregard was arrested yesterday.

If a bond has not already been set in the warrant, one will be set today at Beauregard's Jacksonville bond hearing. His Jacksonville Criminal Defense Lawyer will need to build a defense immediately. He is likely facing a Florida prison sentence.

As a Jacksonville Driving Under the Influence Lawyer and a Leaving the Scene of an Accident Lawyer, I have seen many cases that involved both crimes. While most people understand know that both of these offenses are crimes, they may feel to realize the serious ramifications of the crimes. For example, Florida Statute Section 316.027(1)(b) states that any person that leaves the scene of an accident "that results in death while driving under the influence... shall be sentenced to a mandatory minimum term of imprisonment of 2 years." Sometimes, a driver may not know if a crash is serious, so it is always important to check on the other driver. However, in some cases, a driver may not be able to render aid. Therefore, every case is different and should be analyzed.

If you are arrested for Jacksonville Leaving the Scene of an Accident, contact Jacksonville Leaving the Scene of an Accident Lawyer, Cynthia Veintemillas, at (904) 685-1200 or cynthiav@jacksonvillelawyer.pro.

The Jacksonville Leaving the Scene of an Accident Involving Injuries to Persons can be found in Florida Statute Section 316.027. Jacksonville Leaving the Scene of an Accident resulting in a crash that causes death or injury is a felony. However, the degree, or seriousness, of the felony will depend on the injuries that occurred. If a driver is involved in a crash resulting in bodily injury and leaves the scene, this is a third degree felony, which is the lowest degree of felonies. If the crash resulted in death, the charge is much more serious.

Florida Statute Section 316.027(1)(b) states:
"the driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the first degree"

If you are arrested for Jacksonville Leaving the Scene of an Accident, contact Jacksonville Leaving the Scene of an Accident Lawyer, Cynthia Veintemillas, at (904) 685-1200 or cynthiav@jacksonvillelawyer.pro.

Jacksonville Leaving the Scene of an Accident Cases involve some kind of damage. In some cases, only property is damaged. Florida Statute Section 316.061 covers Jacksonville Leaving the Scene of an Accident Involving Damage to Vehicle or Property.

This Florida Law states, "the driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled" his or her duty to give information and render aid. In most Jacksonville Leaving the Scene of an Accident Cases involving only property damage, the driver should stop his or her vehicle without obstructing traffic, exchange information with the other driver, and contact the police.

If you are ticketed for Jacksonville Leaving the Scene of an Accident, contact Jacksonville Leaving the Scene of an Accident Lawyer, Cynthia Veintemillas, at (904) 685-1200 or cynthiav@jacksonvillelawyer.pro. Even if you were not arrested and only received a citation, Jacksonville Leaving the Scene of an Accident is a second-degree misdemeanor and will result in a criminal charge.